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IN THE HIGH COURT OF DELHI AT NEW DELHI
V.KAMESWAR RAO, VINOD KUMAR
Pr. Commissioner of income tax -7 – Appellant
Versus
Thapar homes pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. challenge to itat order regarding penalty. (Para 3 , 4) |
| 2. revenue's and assessee's arguments on limitation. (Para 5 , 6) |
| 3. court's observations on limitation period. (Para 7 , 8) |
| 4. interpretation of limitation under section 275(1)(c). (Para 9 , 10 , 11) |
| 5. conclusion on dismissal of appeal. (Para 12) |
JUDGMENT :
V. KAMESWAR RAO, J.
1. For the reasons stated in the application, the delay of 56 days in filing the captioned appeal stands condoned.
2. The application stands disposed of.
ITA 262/2025
3. The challenge in this appeal under Section 260A of the INCOME TAX ACT , 1961 (the Act) filed by the Revenue is to an order dated 27.11.2024 passed by the Income Tax Appellate Tribunal, Delhi Bench ‘G’, New Delhi (ITAT) whereby the ITAT has decided the appeal filed by the Revenue –being ITA No.6423/Del/2016.
4. The appeal pertains to the Assessment Year (AY) 2009-10. The Revenue has filed the aforesaid appeal before the ITAT against an order dated 09.09.2016 passed by the Commissioner of Income Tax (Appeals) [CIT(A)] whereby the CIT(A) had set aside the penalty imposed on the respondent/Assessee. The same was on the ground that the penalty was imposed beyond the period of limit
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