PR. COMMISSIONER OF INCOME TAX-1 vs M/S MIRAGE HOMES PVT. LTD.

Judgment text excerpt

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 01.12.2025 + ITA 691/2025 PR. COMMISSIONER OF INCOME TAX, DELHI-1 .....Appellant Through: Mr. Vipul Agrawal, SSC with Ms. Sakashi Shairwal, JSC, Mr. Akshat Singh, JSC, Ms. Harshita Kotru, Mr. G. Ranjan, Advs versus M/S MIRAGE HOMES LTD. .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON’BLE MS. JUSTICE MINI PUSHKARNA V. KAMESWAR RAO , J. (ORAL) CM APPL. 75442/2025, CM APPL. 75443/2025 1. For the reasons stated in the applications, the delay of 73 days in filing and 708 days in re-filing the present appeal stands condoned. 2. The applications stand disposed of. CM APPL. 75444/2025 3. Exemption allowed, subject to all just exceptions. 4. The application stands disposed of. ITA 691/2025 Signature Not Verified Signed By:PRADEEP ITA 691/2025 Page 1 of 7 SHARMA Signing Date:03.12.2025 18:20:09 5. This appeal has been filed with the following prayers:- “(a) To frame the substantial Question of Law mentioned in Para 2 of the appeal; (b) To frame any other substantial Questions of Law which may arise from the impugned orders dated 16.05.2023; (c) To set aside the impugned order dated 16.05.2023 of the Ld. ITAT passed in ITA No. 2622/Del/2016.” 6. This petition has been filed by the appellant/Revenue under Section 260A of the Income Tax Act, 1961 (“Act”) challenging the order dated 16.01.2023 passed by the Income Tax Appellate Tribunal (“ITAT”) in ITA 2622/Del/2016 relating to Assessment Year (“AY”) 2004-05. 7. Mr. Vipul Agrawal, learned Senior Standing Counsel for the appellant fairly states that the appeal being ITA 2624/Del/2016 was filed in this Court being ITA 686/2025 and the same relates to AY 2007-08 and has been dismissed by this Court by stating in paragraph 7 onwards as under