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High Court of DelhiITA/381/2024

The Pr. Commissioner Of Income Tax -7 v. Venus Overseas Pvt. Ltd.

2024-07-24Hon'Ble Mr. Justice Ravinder Dudeja,Hon'Ble Mr. Justice Yashwant Varma2 pages

$~111 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 381/2024 THE PR. COMMISSIONER OF INCOME TAX -7 .....Appellant Through:

Mr. Ruchir Bhatia, SSC with Mr. Anant Mann, Mr. Pratyaksh Gupta, JSCs.

Ms.

Aditi Sabharwal, Mr. Digvijay Singh Rawat, Mr. Vinod Jain, Mr.

Pawan Gaur & Mr. Parikshit Gaur, Advs.

versus VENUS OVERSEAS PVT. LTD.

.....Respondent Through:

Mr. Kapil Goel, Adv.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 24.07.2024 CM APPL. 41408/2024 (Exemption) Allowed, subject to all just exceptions.

The application stands disposed of.

CM APPL. 41409/2024 (600 Days Delay in Refiling) Bearing in mind the disclosures made, the delay of 600 days in re-filing the appeal is condoned.

Application stands disposed of.

ITA 381/2024 1.

This appeal impugns the order of the Income Tax Appellate Tribunal ["Tribunal"] dated 25 August 2020 and pertains to the search assessment which was undertaken for the block period of Assessment Years ["AY"] 2006-07 to 2011-12. Insofar as the validity The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 00:34:19

of invocation of Section 153C of the Income Tax Act, 1961 ["Act"] is concerned, we note that while dealing with an identical issue in the case of the assessee, we had in ITA 166/2023 upheld the order of the Tribunal, and which had followed the decision rendered by the Court in Commissioner of Income Tax (Central)-III vs. Kabul Chawla [(2015) SCC OnLine Del 11555].

2.

We note that the principles enunciated in the aforesaid decision also stand reiterated in a subsequent judgment of the Court in Saksham Commodities Limited vs. Income Tax Officer, Ward 22(1), Delhi & Anr [2024 SCC OnLine Del 2551]. 3.

Consequently, we find no ground to interfere with the order of the Tribunal. The appeal fails and shall stand dismissed. YASHWANT VARMA, J.

RAVINDER DUDEJA, J.

JULY 24, 2024/kk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 00:34:19