Income Tax-1, Delhi v. M/S C.p. And Associates Pvt. Ltd

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI+ ITA 491/2024 PR. COMMISSIONER OF INCOME TAX-1, DELHI .....Appellant Through: Mr. Sanjay Kumar and Ms. Easha Kadian, Advocates. versus M/S C.P. AND ASSOCIATES PVT. LTD. .....Respondent Through: None. CORAM:HON'BLE MR. JUSTICE YASHWANT VARMAHON'BLE MR. JUSTICE RAVINDER DUDEJA O R D E R% 12.09.2024CM APPL. 53371/2024 (195 days delay in refilling) Bearing in mind the disclosures made, the delay of 195 days in refilling the appeal is condoned. Application stands disposed of. ITA 491/2024 1.The Principal Commissioner impugns the order of the Income Tax Appellate Tribunal [‘Tribunal’] dated 06 September 2023. We note that the Tribunal has taken into consideration that assessment under Section 153C of the Income Tax Act, 1961 [‘Act’] was in respect of an unabated assessment. While testing the assumption of jurisdiction based on whether incriminating material belonging to the respondent-assessee had been recovered in the course of the search, that aspect has been answered in the negative. 2.In view of the above and for reasons assigned by us while dismissing the appeal of the Revenue in Principal Commissioner of Income Tax vs. M/s C.P. and Associates Pvt. Ltd. on 11 September 2024, we find no justification to interfere with the order impugned. 3.The appeal fails and shall stand dismissed. YASHWANT VARMA, J. SEPTEMBER 12, 2024/vp RAVINDER DUDEJA, J.