CIT Vs Dipankar Mohan Ghosh (Delhi High Court)
The Delhi High Court dealt with a long-standing tax dispute involving the widow of the deceased assessee arising from the sale of a house property by the assessee. The Court noted that the matter had witnessed multiple rounds of litigation over a period of twelve years, including proceedings before the Authority for Advance Ruling (AAR), reassessment proceedings under Section 147 of the Income-tax Act, rectification proceedings concerning refund, revision proceedings under Section 263, penalty proceedings under Section 271(1)(c), several appeals before the Income Tax Appellate Tribunal (ITAT), and multiple writ petitions and an income tax appeal before the High Court.
The appeal before the Court challenged the order of the ITAT dated 28 June 2023 setting aside the Commissioner’s order passed under Section 263, while the writ petition challenged the assessment order and the order passed by the Commissioner of Income Tax (Appeals).
The Court observed that, following the Commissioner’s order under Section 263, the Assessing Officer (AO) had passed an assessment order dated 28 October 2022, which was subsequently subjected to rectification proceedings. Thereafter, the CIT(A) dismissed the appeal as infructuous on 8 July 2025 because the ITAT had already set aside the Commissioner’s order under Section 263. Consequently, the assessment order, as rectified on 15 March 2024, continued to subsist, assessing income from the sale of property at ₹59,05,55,783.
