ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-25, NEW DELHI, DELHI vs. POOJA GUPTA , DELHI
Income Tax Appellate Tribunal, DELHIBENCH ‘F’, NEW DELHI
Before: Sh. Yogesh Kumar US & Sh. Naveen Chandra
Per Yogesh Kumar US, Judicial Member: The present appeal is filed by the Revenue against the order of the ld. Commissioner of Income Tax(Appeals)-25 [‘Ld. CIT(A)’ for short], New Delhi dated 13.02.2025 pertaining to Assessment Year 2014-15. 2. There is a delay of 5 days in filing the present appeal. For the reasons stated in the petition for condonation of delay, the delay of 5 days in filing the appeal is condoned.
In the above appeal, Revenue challenged the order of the ld. CIT(A) dated 13.02.2025 wherein the ld. CIT(A) by relying on the judgment of the Hon’ble juri ictional High Court in the case of PCIT vs. Ojjus Medicare Pvt. Ltd. (2024) 465 ITR 101 (Del.), allowed the appeal of the assessee. Aggrieved by the order of the ld. CIT(A), Revenue preferred the captioned
ITA Nos. 3737 & 3739/Del./2025
Pradeep Kr. & Pooja Gupta
2
appeal. The ld. DR relying on the assessment order, sought for allowing the appeal.
It is found that the ld. CIT(A) while setting aside the assessment order observed that the year under consideration is not covered within the six assessment years as per section 153C of the Act and by following the ratio laid down by the Hon’ble juri ictional High Court in the case of Ojjus Medicare Pvt. Ltd. (surpa), held that the assessment year under consideration would fall beyond the ambit of six years provided u/s 153C r.w.s. 153A of the Act. Accordingly allowed the appeal of the assessee.
Considering the above facts and circumstances, since there is no contrary judgment or differentiable facts brought on record by the department, we find no merits in the grounds of appeal of the Revenue. Accordingly, the appeal of the Revenue is dismissed as devoid of merits.
In the result, the Appeal of the Revenue is dismissed. Order Pronounced in the Open Court on 29/12/2025. (Naveen Chandra) (Yogesh Kumar US) Accountant Member Judicial Member
Dated: 29/12/2025
*Subodh Kumar, Sr. PS*