Principal Commissioner Of Income Tax-7 Delhi v. Religare Enterprises Ltd

$~65 *IN THE HIGH COURT OF DELHI AT NEW DELHI+ITA 28/2024 & CM APPL. 1572/2024 (104 Days Delay) PRINCIPAL COMMISSIONER OF INCOME TAX-7 DELHI ..... Appellant Through:Mr. Sunil Agarwal, Sr. SC withMr. Shivansh B. Pandya, Jr. SCalong with Mr. Utkarsh Tiwari,Adv. versus RELIGARE ENTERPRISES LTD. ..... Respondent Through:Mr. Rohit Jain and Mr. AniketD. Agrawal, Advocate. CORAM:HON'BLE MR. JUSTICE YASHWANT VARMAHON'BLE MR. JUSTICE PURUSHAINDRA KUMARKAURAV O R D E R%10.01.2024 CM APPL. 1573/2024 (Exemption) Allowed, subject to all just exceptions. The application stands disposed of. CM APPL. 1572/2024 (104 Days Delay) Bearing in mind the disclosures made, the delay of 104 days infiling the appeal is condoned. Application shall stand disposed of. ITA 28/2024 1.Having heard learned counsel for parties and on perusal of theorder passed by the Income Tax Appellate Tribunal [“ITAT”], wefind that the appeal has been allowed and the matter remitted with thefollowing observations:- “5. We have heard both the parties and perused the records. Wefind that the assessee is now raising ground challenging thedisallowance which has been made by the assessee itself. Assesseehas made suo moto disallowance of Rs.17,21,80,860/- undersection 14A of the Income-tax Act, 1961 (for short 'the Act'). Now,the assessee submits that this was wrongly done. This aspect wasnot before the authorities below. Assessee has made varioussubmissions with regard to the aforesaid additional/modifiedgrounds which need adjudication with reference to the assessee’srecords. Hence, in the interest of justice, we remit the issue raisedto the file of AO. AO is directed to consider the grounds andvarious propositions given by the ld. Counsel of the assessee as perlaw. Needless to add, assessee should be given an opportunity of”being heard. 2.Bearing in mind the aforesaid, we find that no substantialquestion of law arises in the instant appeal. 3.Consequently, we see no reason to interfere with the impugnedorder of the ITAT. The appeal fails and shall stand dismissed on theaforesaid terms. YASHWANT VARMA, J. PURUSHAINDRA KUMAR KAURAV, J.JANUARY 10, 2024/ Neha/p