Delhi High Court - Orders
Pr. Commissioner Of Income Tax -7, Delhi vs Naveen Kumar Gupta on 2 November, 2022
Author: Manmohan
Bench: Manmohan, Manmeet Pritam Singh Arora
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ITA 401/2022, CAV 351/2022 & CM APPL. 44470/2022
PR. COMMISSIONER OF INCOME
TAX -7, DELHI ..... Appellant
Through: Mr. Puneet Rai, Senior Standing
Counsel for Revenue with Ms.
Adeeba Mujahid and Mr. Nikhil Jain,
Advocates.
versus
NAVEEN KUMAR GUPTA ..... Respondent
Through: Mr. Kapil Goel, Advocate (through
Video Conferencing).
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 02.11.2022 CAV 351/2022 Since appearance has been entered on behalf of the Respondent, the caveat stands discharged.
CM APPL. 44470/2022 (for exemption) Exemption allowed, subject to all just exceptions. Accordingly, the present application stands disposed of.
ITA 401/2022Learned counsel for the Appellant states that the Income Tax Appellate Tribunal (ITAT) has erred in holding that Section 153C of the Income Tax Act, 1961 ('the Act') has an overriding effect on Section 147 of the Act.
Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:03.11.2022 18:24:50He states that the ITAT has erred in holding that the amended Section 153C w.e.f. 01st June, 2015 has been overlooked by Assessing Officer. He submits that the amended Section 153C is not applicable in this case because the incriminating material seized did not belong to the Assessee but revealed his undisclosed income.
Issue notice. Mr. Kapil Goel, learned counsel for the Respondent, accepts notice. He prays for and is permitted to place on record the documents which formed a part of the Court record below. Let the needful be done before the next date of hearing.
List on 18th May, 2023.
MANMOHAN, J MANMEET PRITAM SINGH ARORA, J NOVEMBER 02, 2022/msh Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:03.11.2022 18:24:50