Delhi High Court - Orders
Principal Commissioner Of Income Tax, vs M/S Orchid Infrastructure Developers ... on 29 May, 2024
Author: Yashwant Varma
Bench: Yashwant Varma, Purushaindra Kumar Kaurav
$~12 to 15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ITA 160/2021
PRINCIPAL COMMISSIONER OF INCOME TAX,
..... Appellant
Through: Mr. Abhishek Maratha, SSC
with Mr. Parth Semwal, Mr.
Apoorv, Ms. Nupur Sharma,
Mr. Manav Goyal, Mr. Gaurav
Singh, Ms. Divya Verma, Mr.
Bhanukaran Singh, Advs.
versus
M/S ORCHID INFRASTRUCTURE DEVELOPERS PVT.
LTD. ..... Respondent
Through: Mr. Sameer Rohatgi, Mr.
Kartikey Singh, Advs.
13
+ ITA 162/2021
PRINCIPAL COMMISSIONER OF INCOME TAX
(CENTRAL)-3 ..... Appellant
Through: Mr. Abhishek Maratha, SSC
with Mr. Parth Semwal, Mr.
Apoorv, Ms. Nupur Sharma,
Mr. Manav Goyal, Mr. Gaurav
Singh, Ms. Divya Verma, Mr.
Bhanukaran Singh, Advs.
versus
M/S ORCHID INFRASTRUCTURE DEVELOPERS PVT.
LTD. ..... Respondent
Through: Mr. Sameer Rohatgi, Mr.
Kartikey Singh, Advs.
14
+ ITA 167/2021
PRINCIPAL COMMISSIONER OF INCOME TAX,
(CENTRAL) -3 ..... Appellant
Through: Mr. Abhishek Maratha, SSC
with Mr. Parth Semwal, Mr.
Apoorv, Ms. Nupur Sharma,
Mr. Manav Goyal, Mr. Gaurav
Singh, Ms. Divya Verma, Mr.
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 01/06/2024 at 00:06:45
Bhanukaran Singh, Advs.
versus
M/S ORCHID INFRASTRUCTURE DEVELOPERS PVT
LTD ..... Respondent
Through: Mr. Sameer Rohatgi, Mr.
Kartikey Singh, Advs.
15
+ ITA 172/2021
PRINCIPAL COMMISSIONER OF INCOME TAX
(CENTRAL)-3 ..... Appellant
Through: Mr. Gaurav Gupta, SSC with
Mr. Shivendra Singh, Mr. Yojit
Pareek, Mr. Namit Gupta,
Advs.
versus
M/S ORCHID INFRASTRUCTURE DEVELOPERS PVT.
LTD. ..... Respondent
Through: Mr. Sameer Rohatgi, Mr.
Kartikey Singh, Advs.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR
KAURAV
ORDER
% 29.05.2024
1. Learned counsel appearing for the appellant prays for time to examine the findings returned by the Income Tax Appellate Tribunal ["Tribunal"] in Para 21 and to examine whether further questions of law are proposed: -
"21. The document seized from the residence of Mr Moti S Masand are placed at page number 22 - 27 of the paper book filed by the assessee. The learned departmental representative could not show us from the documents seized from Shri Moti Masand that there is any reference of the assessee in those documents. Therefore, it is apparent that they do not belong to the assessee. As such we have confirmed the order of the learned CIT - A wherein the addition of Rs. 43.76 crores have been deleted following the order of the coordinate bench in case of Vipul Ltd, Even Otherwise 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 01/06/2024 at 00:06:45 those documents does not belong to the assessee. Thus, no addition can be made in the hands of the assessee based on these documents. The assumption of jurisdiction by the ld Ao u/s 153 C of the act is also devoid of merit."
2. List again on 13.09.2024.
YASHWANT VARMA, J.
PURUSHAINDRA KUMAR KAURAV, J.
MAY 29, 2024/neha 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 01/06/2024 at 00:06:46