Case Law Details
PCIT – Central Vs Ashok Kumar Singh (Delhi High Court)
Introduction: In a recent judgment, the Delhi High Court, in the matter of PCIT – Central vs. Ashok Kumar Singh (ITA 754/2023), addressed an application seeking condonation of delay in re-filing the appeal on behalf of the appellant/revenue. The court, having considered the circumstances, inclined to condone the delay, leading to the disposal of the application.
Background: The appeal in question pertains to the Assessment Year 2014-15 and challenges the order dated 19.04.2023 passed by the Income Tax Appellate Tribunal (“Tribunal”). The Commissioner of Income Tax (Appeals) (“CIT(A)”), in an earlier order dated 23.08.2021, had deleted the addition made by the Assessing Officer on a protective basis. The substantial addition was against the company Everbez Business Inc., in which the respondent/assessee, Ashok Kumar Singh, was a director and sole shareholder. Everbez was under proceedings related to the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (“2015 Act”).
Court Proceedings: The Tribunal upheld the CIT(A)’s order, prompting the appellant/revenue to file the instant appeal. During the proceedings, Mr. Ruchir Bhatia, learned senior standing counsel, suggested closing the appeal with liberty for the appellant/revenue to approach the Court again if unsuccessful in proceedings against the respondent/assessee concerning Everbez under the 2015 Act.
Court’s Decision: The court agreed with Mr. Bhatia’s suggestion and accordingly disposed of the appeal, providing liberty to the appellant/revenue for future recourse. This decision reflects a pragmatic approach, recognizing the ongoing proceedings against the respondent/assessee in connection with Everbez.
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