Delhi High Court - Orders
Shivram Consultants Pvt. Ltd vs Assistant Commissioner Of Income-Tax ... on 4 July, 2024
Author: Yashwant Varma
Bench: Yashwant Varma
$~11 & 12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ITA 156/2023 & CM APPL. 12482/2023 (interim direction)
SHIVRAM CONSULTANTS PVT. LTD .....Appellant
Through: Mr. Manuj Sabharwal & Ms.
Drona Negi, Advocates.
versus
ASSISTANT COMMISSIONER OF INCOME-TAX
CIRCLE-23 -1 .....Respondent
Through: Mr. Sunil Agarwal, SSC with
Mr. Shivansh B Pandya, Mr.
Viplav Acharya, JSCs & Mr.
Utkarsh Tiwari, Advocates.
12
+ ITA 161/2023 & CM APPL. 12568/2023 (interim direction)
SHIVRAM CONSULTANTS PVT. LTD .....Appellant
Through: Mr. Manuj Sabharwal & Ms.
Drona Negi, Advocates.
versus
ASSISTANT COMMISSIONER OF
INCOME-TAX,
CIRCLE-23 1 .....Respondent
Through: Mr. Sunil Agarwal, SSC with
Mr. Shivansh B Pandya, Mr.
Viplav Acharya, JSCs & Mr.
Utkarsh Tiwari, Advocates.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
HON'BLE MR. JUSTICE RAVINDER DUDEJA
ORDER
% 04.07.2024
1. Having heard Mr. Sabharwal, learned counsel for the appellant and Mr. Agarwal, who appears for the respondent, we are of 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 09/07/2024 at 20:40:43 considered opinion that these appeals would merit further consideration.
2. We firstly take note of the grounds which were taken in the cross-objection and also stand articulated in the Synopsis which was filed before the Income Tax Appellate Tribunal ["Tribunal"]. In our considered opinion, the Tribunal has taken an extremely narrow and pedantic view in holding that the argument that the respondents could have invoked only Section 153C of the Income Tax Act, 1961 ["Act"] had not been specifically raised.
3. We, accordingly, frame the following questions of law:
(i) Whether the Assessing Officer ['AO'] was justified in invoking Section 147 of the Act and failing to take recourse to Section 153C?
(ii) Whether, in the facts and circumstances of case and law, documents admitted as drafts by the Revenue (which is undated, unsigned and unexecuted by anybody), can be relied upon by the Respondents for making an addition in the instant case?
(iii) Whether, on the facts and in the circumstances of the case and in law, the Tribunal has erred in reversing the order of the Commissioner of Income Tax (Appeals) ["CIT(A)"], by admitting the photocopy of unsigned, unexecuted and undated soft copy of the draft deed and draft cash receipt which do not exist on record of the Tribunal, having not been filed before it by the Respondents?
(iv) Whether, on the facts and in the circumstance of the case and in law, the Tribunal ought to have reversed the order of CIT(A) deleting the additions made under Section 69A of the Act in the absence of any documentation?
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 09/07/2024 at 20:40:43
5. Let the appeals be renotified for 09.10.2024.
YASHWANT VARMA, J.
RAVINDER DUDEJA, J.
JULY 4, 2024/RM/SK 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 09/07/2024 at 20:40:43