PR. COMMISSIONER OF INCOME TAX (CENTRAL)-2 vs HINDUSTAN POWER PROJECTS PVT. LTD.

Judgment text excerpt

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 14.07.2025 + ITA 227/2025 PR. COMMISSIONER OF INCOME TAX (CENTRAL)-2 .....Appellant Through: Mr Sanjay Kumar, SSC, Ms Monica Benjamin and Ms Easha Kadian, JSCs. versus HINDUSTAN POWER PROJECTS PVT. LTD. .....Respondent Through: Mr Sanchit Jolly, Sr Advocate with Mr. Mansha Anand, Mr. Sohum Dua, Mr. Abhyudaya Shankar Bajpai, Ms. Manvi Mogha, Advocates CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA VIBHU BAKHRU, J. (ORAL) CM APPL. 40793/2025 1. For the reasons stated in the application, the delay in filing the captioned appeal stands condoned. 2. The application is disposed of. ITA 227/2025 3. The Revenue has filed the present appeal under Section 260A of the Signature Not Verified Digitally Signed ITA No.227/2025 Page 1 of 5 By:TARUN RANA Signing Date:15.07.2025 17:14:20 Income Tax Act, 1961 [the Act], inter alia, impugning an order dated 31.12.2024 [impugned order] passed by the learned Income Tax Appellate Tribunal [ITAT]. The impugned order is a common order passed by the ITAT in two appeals being ITA No.2747/Del/2024 and ITA No.2748/Del/2024 in respect of Assessment Year [AY] 2018-19 and AY 2019-20 captioned as Hindustan Power Projects Pvt. Ltd. v. Pr.CIT-4. 4. The present appeal is confined to the impugned order in so far as it relates to the Assessee’s had appeal being ITA No.2747/Del/2024 in respect of AY 2018-19. The Assessee preferred the said appeal against the order dated 31.03.2024 passed by the Principal Commissioner of Income Tax, Delhi - 4 [PCIT] under Section 263 of the Act whereby the PCIT had held that the order passed by the Assessing Officer [AO] under Section 153A of the Act in respect of AY 2018-19 is erroneous as it is prejudicial to the interest of the Rev