PR. COMMISSIONER OF INCOME TAX (CENTRAL)-2 vs. VERSATILE POLYTECH PVT. LTD.
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2022 [Physical Hearing/Hybrid Hearing (as per request)] CM Appl.53803/2022
Allowed, subject to just exceptions. CM Appl.53804/2022 [Application filed on behalf of the appellant seeking condonation of delay of 180 days in re-filing the appeal]
Issue notice to the respondent/assessee via all permissible modes, including email.
1 List the application on 19.12.2022. ITA 526/2022
Mr Sanjay Kumar, learned senior standing counsel, who appears on behalf of the appellant/revenue, says that the issue raised in the present appeal also obtains in another appeal concerning the same parties, i.e., ITA ITA 526/2022
1/2 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 13:32:47
371/2021. 3. 1. We are told that the said appeal is listed before the court on 19.12.2022. 4. It appears that the Income Tax Appellate Tribunal [in short, “Tribunal”] via the impugned order dated 15.03.2019 has ruled against the appellant/revenue on the ground that addition has been made by taking recourse to the provisions of Section 56(2)(viib) of the Income Tax Act, 1961 [in short “Act”], which is a provision, not adverted to by the assessing officer in his order.
Mr Kumar says that the view of the Tribunal is erroneous, inasmuch as the source of the income did not change. The source of income in this case, according to the appellant/revenue, is induction of unexplained share capital/premium.
List the appeal on 19.12.2022. RAJIV SHAKDHER, J
TARA VITASTA GANJU, J
DECEMBER 13, 2022/pmc
Click here to check corrigendum, if any ITA 526/2022
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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 13:32:47