Tax -7 v. Venus Overseas Pvt. Ltd

$~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 VARMAHON'BLE MR. JUSTICE RAVINDER DUDEJAO R D E R24.07.2024 % 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 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