PCIT Vs Colossus Trade Links Ltd. (Delhi High Court)
Summary: The present applications were filed by the appellant seeking condonation of 136 days’ delay in re-filing the appeals. For the reasons stated in the applications, the Delhi High Court allowed the applications and condoned the delay of 136 days’ in re-filing the appeals, following which the applications stood disposed of. Thereafter, Mr. Gaurav Gupta, learned Senior Standing Counsel for the appellant, drew the Court’s attention to Para No.8 of the order of the Income Tax Appellate Tribunal, Delhi Bench ‘C’, New Delhi and highlighted that one of the reasons for which the Tribunal had set aside or annulled the assessment orders was that the Assessing Officer had not recorded the satisfaction under Section 153C of the Income Tax Act, 1961. He submitted that the Commissioner of Income Tax (Appeals), while deciding ground number 2 in this respect, had rejected the assessee’s contention. The appellant argued that, in the absence of any cross-appeal by the assessee, the Tribunal ought not to have, and could not have, annulled the assessment order on that count. The Court consequently issued notice through all permissible modes, returnable on 25.11.2026. The supplied material therefore records the condonation of the 136-day re-filing delay and issuance of notice in the Revenue’s appeal; it does not contain a final adjudication by the High Court on the challenge concerning the Tribunal’s treatment of the Section 153C satisfaction issue. Accordingly, no final conclusion on that substantive issue is stated here.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
1. The present applications have been filed by the appellant seeking condonation of 136 days’ delay in re-filing the appeals.
2. For the reasons stated in the applications, the same are allowed and the delay of 136 days’ in re-filing the appeals stands condoned.
3. The applications stand disposed of, accordingly.
4. Mr. Gaurav Gupta, learned Senior Standing Counsel for the appellant, invited Court’s attention to Para No.8 of the order of the Income Tax Appellate Tribunal, Delhi Bench ‘C’ (hereinafter referred to as the ‘Tribunal’) and highlighted that out of the reasons, for which the Tribunal had set aside or annulled the assessment orders, one of the reasons was, that the Assessing Officer (hereinafter referred to as ‘AO’) had not recorded the satisfaction under Section 153C of the Income Tax Act, 1961 and submitted the Commissioner of Income Tax (Appeals), while deciding ground number 2 in this respect, had rejected the assessee’s contention.
5. He argued that in the absence of any cross-appeal by the assessee, the learned Members of the Tribunal ought not to have rather could not have annulled the assessment order on that count.
6. Issue notice through all permissible modes, returnable on 25.11.2026.
