PR. COMMISSIONER OF INCOME TAX-1, DELHI vs D LIGHT ENERGY P. LTD.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 04.03.2025 Judgment delivered on: 18.03.2025 + ITA 53/2025 & CM APPL. 12854/2025 PR. COMMISSIONER OF INCOME TAX-1, DELHI.....Appellant versus D LIGHT ENERGY P. LTD. .....Respondent Advocates who appeared in this case: For the Appellant : Mr. Sanjay Kumar, Ms. Monica Benjamin and Ms. Esha Kadian, Advocates. For the Respondent : Mr. Ved Jain, Mr. Nischay Kantoor and Ms. Soniya Dodeja, Advocates. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT TUSHAR RAO GEDELA, J. 1. Present appeal has been filed by the appellant/Revenue (hereafter referred to as ‘Revenue’) under Section 260A of the Income Tax Act, 1961 (hereafter referred to as ‘the Act’) assailing the order dated 10.06.2024 passed by learned Income Tax Appellate Tribunal (hereafter referred to as ‘the ITAT’) in ITA No.516/Del/2022 which was allowed in favour of the respondent/assessee (hereinafter referred to as ‘assessee’). 2. In brief, the facts germane to the issues in this appeal are as under:- (i) The assessee company is stated to be a part of D Light Group which is Signature Not Verified Digitally Signed ITA 53/2025 Page 1 of 21 By:VINOD KUMAR Signing Date:18.03.2025 14:50:53 engaged in manufacturing, marketing and trading of solar lights and power products and sells the same to various customers in different countries. The assessee had filed its return of income on 30.11.2017 declaring a total income of Rs.NIL. The assessee had claimed a loss of Rs.9,45,78,855/-. The case was selected for scrutiny and a notice dated 10.08.2018 under Section 143(2) of the Act was issued to the assessee through Income Tax Business Application (ITBA). (ii) During the assessment proceedings, the appellant claims to have noticed from Form