THE PR. COMMISSIONER OF INCOME TAX -CENTRAL -1 vs. SMT. SNEH LATA SAWHNEY
What did the High Court hold?
The High Court admitted the appeals on two specific questions of law that were framed in a related case. The court also granted liberty to the parties to submit synopses of their arguments and relevant judgments.
What were the facts?
The appeals were filed by the Principal Commissioner of Income Tax against an order of the ITAT. There was a significant delay in re-filing the appeals, which the High Court condoned.
What were the issues?
Whether the ITAT was correct in quashing the assessment order as time-barred without considering the merits, and whether the ITAT erred in not extending the time-barring date despite a valid reference to Swiss authorities.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
$~85 & 87 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 694/2023
THE PR. COMMISSIONER OF INCOME
TAX -CENTRAL -1
..... Appellant
Through: Mr.Puneet Rai, Sr.SC with
Mr.Ashivini Kumar and
Mr.Rishabh Nangia, Advs.
Versus
SMT. SNEH LATA SAWHNEY
..... Respondent
Through: Mr.Ajay Vohra, Sr.Adv with
Dr.Rakesh Gupta, Mr.Somil
Agarwal, Mr.Dushyant
Agrawal and Mr.Prateek Bhati,
Advs. 87 + ITA 707/2023
THE PR. COMMISSIONER OF INCOME
TAX -CENTRAL -1
..... Appellant
Through: Mr.Puneet Rai, Sr.SC with
Mr.Ashivini Kumar and
Mr.Rishabh Nangia, Advs.
Versus
SMT. SNEH LATA SAWHNEY
..... Respondent
Through: Mr.Ajay Vohra, Sr.Adv with
Dr.Rakesh Gupta, Mr.Somil
Agarwal, Mr.Dushyant
Agrawal and Mr.Prateek Bhati,
Advs.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR
KAURAV
O R D E R %
13.03.2024
CM APPL. 62857/2023 (Delay of 300 days in re-filing) in ITA 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 14:02:38
694/2023 CM APPL. 63086/2023 (Delay of 300 days in re-filing) in ITA 707/2023
These are applications filed by the appellant seeking condonation of 300 days delay in re-filing the present appeals. 2. For the reasons stated in the applications, the delay of 300 days in re-filing the appeals is condoned. 3. Applications are disposed of.
ITA 694/2023 & ITA 707/2023
Our attention has been drawn to the order passed by us on 30 January 2024 in ITA 72/2024, wherein the following questions of law stood framed :- "I. Whether on facts and circumstances of the case, the Income Tax Appellate Tribunal ["ITAT"] is correct in quashing the assessment order as barred by limitation without going into merits of the case, thereby deleting the penalty imposed vide penalty order passed under Section 271(1)(c) of the Income Tax Act, 1961 ["Act"]?
II. Whether on facts and circumstances of the case, the ITAT is correct in not allowing extension of the time- barring date, when a valid reference was sent by competent authority to Swiss authorities as per the provisions of the Act and DTAA between India and Switzerland, thereby deleting the penalty imposed as assessment order being held as time barred?"
In view of the aforesaid and since these appeals arise from similar orders passed by the ITAT, they shall stand admitted on the 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 14:02:38
aforenoted two questions. 3. We accord liberty to learned counsels for parties to place a Brief Synopsis of Submissions as well as a compilation of judgments which are proposed to be relied upon on record at least 48 hours prior to the date fixed. Those submissions shall refer to the pdf page numbers of the digital record of the Court wherever so required. 4. Let these appeals be re-notified for 27.03.2024
YASHWANT VARMA, J.
PURUSHAINDRA KUMAR KAURAV, J. MARCH 13, 2024/MJ 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 14:02:38
More judgments on Section 271(1)(c)
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2370/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
Recent GST High Court judgments
Search GST case law →- Imtiyaz Shaikh Z Chorlekar vs. Salman ShaikhBombay · 21 Oct 2026
- Dr Babasaheb Ambedkar Marathwada University Thr Its Registrar Prashant S Amrutkar vs. Union Of INDIA Thr The Secretary And OthersBombay · 19 Oct 2026
- Babasaheb Ambedkar Marathwada University Thr Registrar Prashant S Amrutkar vs. Union Of INDIA Thr Secretary And OthersBombay · 19 Oct 2026
- Vinishma Technologies Private Limited vs. State Of KarnatakaKarnataka · 17 Oct 2026
- Vinishma Technologies Private Limited vs. State Of KarnatakaKarnataka · 17 Oct 2026