PR. COMMISSIONER OF INCOME TAX -7 vs. WICKWOOD DEVELOPMENT LTD.

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ITA/413/2024HC DelhiDLHC01046366202402 August 2024Bench: HON'BLE MR. JUSTICE RAVINDER DUDEJA,HON'BLE MR. JUSTICE YASHWANT VARMA2 pages
AI SummaryDismissed

What did the High Court hold?

The Tribunal held that the reopening of the assessment for the two assessment years was not sustainable. This decision was based on a Supreme Court ruling concerning the validity of such reopenings.

What were the facts?

The appeals concerned assessments under Section 153C of the Income Tax Act for AYs 2006-07 and 2007-08. A search was conducted in March 2012, and a Satisfaction Note was drawn in November 2013.

What were the issues?

The primary issue was the validity of reopening assessments under Section 153C based on a search conducted and a Satisfaction Note drawn after a significant delay.

Which sections of the Income-tax Act were involved?

Section 153C

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$~55 & 56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 412/2024 PR. COMMISSIONER OF INCOME TAX -7 .....Appellant Through: Mr. Ruchir Bhatia, SSC with Mr. Anant Manu, JSC & Mr. Pratyaksh Gupta, JSC versus WICKWOOD DEVELOPMENT LTD. .....Respondent Through: Ms. Kavita Jha & Mr. Himanshu Aggarwal, Advocates 56 + ITA 413/2024 PR. COMMISSIONER OF INCOME TAX -7 .....Appellant Through: Mr. Ruchir Bhatia, SSC with Mr. Anant Manu, JSC & Mr. Pratyaksh Gupta, JSC versus WICKWOOD DEVELOPMENT LTD. .....Respondent Through: Ms. Kavita Jha & Mr. Himanshu Aggarwal, Advocates CORAM: HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE RAVINDER DUDEJA O R D E R %

02.08.2024 CM APPL. 43791/2024 (Exemption) Allowed, subject to all just exceptions. This application stands disposed of. 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 16/10/2024 at 11:51:13

ITA 412/2024 & ITA 413/2024 1. These two appeals emanate from assessments carried out under Section 153C of the Income Tax Act, 1961 [“Act”] for Assessment Years [“AY”] 2006-07 and 2007-08. The Income Tax Appellate Tribunal [“Tribunal”] taking into consideration the fact that the search was conducted on 22 March 2012 and a Satisfaction Note drawn on 18 November 2013, ultimately come to hold that the reopening of the two AYs in question would not sustain bearing in mind the decision handed down by the Supreme Court in Commissioner of Income Tax-14 vs. Jasjit Singh [2023 SCC Online SC 1265]. 2. In view of the aforesaid, we find no merit in the instant appeals. The same shall stand dismissed. YASHWANT VARMA, J RAVINDER DUDEJA, J AUGUST 2, 2024 rm 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 16/10/2024 at 11:51:13

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