PR. COMMISSIONER OF INCOME TAX-7, DELHI vs. MEERA GUPTA
What did the High Court hold?
The High Court held that the appeals were covered by the coordinate bench's judgment in CIT(A) vs. Kabul Chawla, which was affirmed by the Supreme Court. Therefore, no substantial question of law arose.
What were the facts?
The Revenue filed appeals against the ITAT's decision for completed assessments for AYs 2013-14, 2011-12, and 2009-10. The Revenue conceded that no incriminating material was found for these assessment years.
What were the issues?
Whether the appeals filed by the revenue concerning completed assessments, where no incriminating material was found, raise a substantial question of law.
AI-generated summary — verify with the full judgment below
ITA 403/2023, ITA 405/2023 & ITA 406/2023 Page 1 of 3
$~90, 92 & 93 * IN THE HIGH COURT OF DELHI AT NEW DELHI %
Decision delivered on: 27.07.2023 + ITA 403/2023
PR. COMMISSIONER OF INCOME TAX-7, DELHI ..... Appellant
Through: Mr Puneet Rai, Sr Standing Counsel
with Mr Ashvini Kumar and Ms
Madhavi Shukla, Advs.
versus
MEERA GUPTA
..... Respondent
Through: None.
+ ITA 405/2023
PR. COMMISSIONER OF INCOME TAX-7, DELHI ..... Appellant
Through: Mr Puneet Rai, Sr Standing Counsel
with Mr Ashvini Kumar and Ms
Madhavi Shukla, Advs
versus
MEERA GUPTA
..... Respondent
Through: None.
+ ITA 406/2023
PR. COMMISSIONER OF INCOME TAX-7, DELHI ..... Appellant
Through: Mr Puneet Rai, Sr Standing Counsel
with Mr Ashvini Kumar and Ms
Madhavi Shukla, Advs
versus
MEERA GUPTA
..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE GIRISH KATHPALIA
[Physical Hearing/Hybrid Hearing (as per request)] Digitally Signed By:NEELAM SHARMA Signing Date:02.08.2023 10:40:17 Signature Not Verified
ITA 403/2023, ITA 405/2023 & ITA 406/2023 Page 2 of 3
RAJIV SHAKDHER, J. (ORAL): CM No.37822/2023 in ITA No. 403/2023 CM No.37840/2023 in ITA No. 405/2023 CM No.37880/2023 in ITA No. 406/2023 1. Allowed, subject to just exceptions. CM No. 37823/2023 in ITA No. 403/2023 CM No.37841/2023 in ITA No. 405/2023 CM No.37849/2023 in ITA No. 406/2023 2. These are applications moved on behalf of the appellant/revenue, seeking condonation of delay in filing the appeals. 2.1 According to the appellant/revenue, there is a delay of 89 days in filing the above-captioned appeals. 3. For the reasons mentioned in the application, the delay is condoned. 4. The applications are disposed of.
ITA No. 403/2023, ITA No. 405/2023 and ITA No. 406/2023 5. These appeals concern Assessment Year (AY) 2013-14 (ITA No. 403/2023), AY 2011-12 (ITA 405/2023) & AY 2009-10 (ITA 406/2023). 6. Mr Puneet Rai, learned senior standing counsel, who appears on behalf of appellant/revenue, says that as per the findings confirmed by the Income Tax Appellate Tribunal [in short, “Tribunal”] via a common judgment dated 12.10.2022, no incriminating material was found vis-à-vis in these AYs. 7. It is also not disputed that these AYs concern completed assessments. 8. Thus, even according to Mr Rai, the issue which arises in the present appeals stands covered by the judgment of the coordinate bench of this Digitally Signed By:NEELAM SHARMA Signing Date:02.08.2023 10:40:17 Signature Not Verified
ITA 403/2023, ITA 405/2023 & ITA 406/2023 Page 3 of 3
Court, rendered in Commissioner of Income Tax (Appeals) [in short, CIT(A)] Vs. Kabul Chawla, (2016, 380 ITR, 573). 9. The aforementioned judgment has been affirmed by the Supreme Court in Principal Commissioner of Income Tax, Central-3 vs Abhisar Buildwell, 2023, SCCOnline SC 481. 10. Consequently, the above-captioned appeals are closed, as no substantial question of law arises for our consideration. 11. Parties will act based on the digitally signed copy of the order.
(RAJIV SHAKDHER) JUDGE
(GIRISH KATHPALIA)
JUDGE
JULY 27, 2023/RY
Click here to check corrigendum, if any
Digitally Signed By:NEELAM SHARMA Signing Date:02.08.2023 10:40:17 Signature Not Verified
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