Delhi High Court - Orders
Shyam Sunder Jindal, vs Assistant Commissioner Of Income Tax on 25 May, 2023
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ITA 612/2017
SHYAM SUNDER JINDAL, ..... Appellant
Through: Mr Ajay Vohra, Sr Adv. with Mr
Rohit Jain, Mr Aniket D. Agrawal
and Mr Abhisek Singhvi, Advs.
versus
ASSISTANT COMMISSIONER OF INCOME TAX.... Respondent
Through: Mr Kunal Sharma, Sr Standing
Counsel with Ms Zehra Khan,
Standing Counsel along with Mr
Shubhendu Bhattacharyya, Adv.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE GIRISH KATHPALIA
ORDER
% 25.05.2023 [Physical Hearing/Hybrid Hearing (as per request)]
1. This appeal concerns Assessment Year (AY) 2006-07.
2. Mr Ajay Vohra, learned senior counsel, who appears on behalf of the appellant/assessee, says that no incriminating material was found in the AY in issue, in the search conducted on 14.11.2011.
3. The information based on which order under Section 153A of the Income Tax Act, 1961 [in short, "Act"] was passed was already available with the respondent/revenue. The information which was available with the respondent/revenue was a purported bank statement, received from HSBC Bank, Geneva.
ITA 612/2017 page 1 of 2 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 25/09/2023 at 05:20:44
4. Mr Vohra says that this information was supplied to the appellant/assessee by the respondent/revenue on 21.11.2014. Therefore, the brief contention of Mr Vohra is that the impugned order dated 10.04.2017, passed by the Income Tax Appellate Tribunal [in short, "Tribunal"], deserves to be reversed, in view of the ratio of the judgment of this court in CIT v. Kabul Chawla, 380 ITR 573 Delhi.
4.1 To be noted, this judgment has been approved by the Supreme Court in PCIT v. Abhishar Buildwell P. Ltd. 2023 (143) taxman.com 399 (SC).
5. Mr Kunal Sharma, learned senior standing counsel, who appears on behalf of the respondent/revenue, says that he will return with instructions, specifically with regard to the aspect as to whether or not incriminating material was found qua the appellant/assessee, during the search carried out on 14.11.2011.
6. At the request of Mr Sharma, list the matter on 01.06.2023.
RAJIV SHAKDHER, J GIRISH KATHPALIA, J MAY 25, 2023 aj Click here to check corrigendum, if any ITA 612/2017 page 2 of 2 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 25/09/2023 at 05:20:44