HARSHA ASSOCIATES PRIVATE LIMITED vs DEPUTY COMMISSIONER OF INCOME TEX

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 02.05.2025 + ITA 324/2024 HARSHA ASSOCIATES PRIVATE LIMITED .....Appellant Through: Mr Sandeep Sapra, Advocate. Versus DEPUTY COMMISSIONER OF INCOME TAX .....Respondent Through: Mr Anurag Ojha, senior standing counsel with Mr V.K. Saksena, Ms Hemlata Rawat, Mr Dipak Raj Singh and Mr Abhay Singh, Advocates. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA VIBHU BAKHRU, J.(Oral) 1. The appellant [Assessee] has filed the present appeal under Section 260A of the Income Tax Act, 1961 [the Act] impugning an order dated 21.06.2022 [the impugned order] passed by the Income Tax Appellate Tribunal [ITAT] in ITA No.3536/Del/2016 in respect of assessment year [AY] 2007-08. 2. The impugned order is a common order passed by the learned ITAT in ITA No.3297/Del/2016 and ITA No.3536/Del/2016. These were cross appeals arising from an order dated 18.03.2016 passed by the Commissioner of Income Tax (Appeals)–XVI, New Delhi [CITA]. Whereas ITA No.3297/Del/2016 was preferred by the Assessee, ITA No.3536/Del/2016 was preferred by the Revenue. It is material to note that the present appeal is confined to the impugned order relating to ITA No.3536/Del/2016, which Signature Not Verified Digitally Signed By:RAM KUMAR Signing Date:16.05.2025 ITA 324/2024 Page 1 of 8 15:00:16 arises from the Revenue’s appeal against an order dated 18.03.2016 passed by the CIT(A). 3. The appeal before the learned ITAT emanated from the assessment order dated 31.12.2009 passed by the Assessing Officer [AO] under Section 143(3) of the Act. 4. The Assessee had filed its return of income for AY 2007-08 declaring an income of ₹28,71,047/-. The said return was picked up for scrutiny. On examination of the accounts, the AO found that t