PR. COMMISSIONER OF INCOME TAX -7 vs THAPER HOMES PVT. LTD.

Judgment text excerpt

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 01.08.2025 + ITA 262/2025 PR. COMMISSIONER OF INCOME TAX -7 .....Appellant Through: Mr. Ruchir Bhatia, SSC, Mr. Anant Mann, JSC & Ms.Aditi Sabharwal, Advocate. versus THAPAR HOMES PVT. LTD. .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE VINOD KUMAR V. KAMESWAR RAO, J. (ORAL) CM APPL. 46575/2025(condn of delay in filing appeal) 1. For the reasons stated in the application, the delay of 56 days in filing the captioned appeal stands condoned. 2. The application stands disposed of. ITA 262/2025 3. The challenge in this appeal under Section 260A of the Income Tax Signature Not Verified Signed By:PRADEEP ITA 262/2025 Page 1 of 13 SHARMA Signing Date:18.08.2025 18:18:46 Act, 1961 (the Act) filed by the Revenue is to an order dated 27.11.2024 passed by the Income Tax Appellate Tribunal, Delhi Bench ‘G’, New Delhi (ITAT) whereby the ITAT has decided the appeal filed by the Revenue – being ITA No.6423/Del/2016. 4. The appeal pertains to the Assessment Year (AY) 2009-10. The Revenue has filed the aforesaid appeal before the ITAT against an order dated 09.09.2016 passed by the Commissioner of Income Tax (Appeals) [CIT(A)] whereby the CIT(A) had set aside the penalty imposed on the respondent/Assessee. The same was on the ground that the penalty was imposed beyond the period of limitation. This is in the fact(s) situation that the Assessment Order under Section 143(3) of the Act was passed by the Assessing Officer (AO) on 31.12.2010 with an observation that the penalty proceeding shall be initiated separately. The reference was made by the AO to the concerned Additional Commissioner of Income Tax (ACIT) on 07.06.2011 and pursuant to the notice issued by the ACIT, the pen