UDIT GOYAL vs PRINCIPAL COMMISSIONER OF INCOME TAX DELHI 12

Judgment text excerpt

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 15.09.2025 + W.P.(C) 415/2025 & CM APPL. 2081/2025 UDIT GOYAL ..... PETITIONER Through: Mr. Asheesh Jain, Sr. Adv., Mr. Shahrukh Ejaz and Mr. Danish Khan, Advocates. versus PRINCIPAL COMMISSIONER OF INCOME TAX DELHI 12 ..... RESPONDENTS Through: Mr. Vipul Agrawal (SSC) with Ms Sakshi Shairwal (Jr. SC), Mr. Akshat Singh (Jr. SC) and Mr. Gaorang Ranjan (Adv.) and Ms Harshita Kotru (Adv.) for respondent/Revenue. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE VINOD KUMAR V. KAMESWAR RAO, J. (ORAL) 1. This petition has been filed with the following prayers: “a) Issue Writ of Certiorari quashing the impugned Order dated 30.05.2023 passed by the Commissioner of Income Tax under Section 119(2) of the Income-tax Act, 1961 while condoning the delay of 12 days in filing income-tax Return; b) Issue Writ of Mandamus directing the Respondent to accept the Petitioner’s Income Tax Return for Assessment Year 2021- 22 and allow carry forward of Long Term Capital Loss of Rs. 41,85,770/- (Rupees Forty-One Lakh Eighty-Five Thousand Seven Hundred and Seventy Only); Signature Not Verified Signed By:PRADEEP W.P.(C) 415/2025 Page 1 of 15 SHARMA Signing Date:16.09.2025 11:42:21 c) Issue appropriate Directions while quashing the Demand Notice issued by the Revenue under Section 143(1) of the Income-tax Act, 1961 and stay other consequential actions that may arise out of the Impugned Order; and d) Any other direction as this Hon’ble Court deems fit in the interest of justice.” 2. In effect, the petitioner is challenging the order dated 30.05.2023 passed by the respondent, on an application under Section 119(2)(b) of the Income Tax Act, 1961 (‘the Act’) seeking condonation of delay in filing the Income Tax Return (‘