DEPUTY COMMISSIONER OF INCOME TAX, DELHI V. DS SPICECO PVT LTD, DELHI

ITA 3620/DEL/2025

AI Insights

The case involves appeals by the Revenue against the orders of the Commissioner of Income-tax (Appeals)-24, New Delhi, which pertained to the assessment years 2014-15 and 2016-17. The primary legal contention was whether these assessment years fell within the block period of six assessment years as outlined in section 153C of the Income Tax Act, 1961. The Tribunal's decision relied heavily on precedents set by the Delhi High Court and the Supreme Court, which had previously addressed the interpretation and application of sections 153A and 153C of the Act. The Tribunal found no grounds to challenge the lower authority's decision, leading to the dismissal of the appeals.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 781920 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-10-2025
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2014-2015
• Appeal Filed On: 30-05-2025
• Other Referred Cases: CIT v. RRJ Securities Ltd. [2015] 62 taxmann.com 391 (Delhi), CIT v. Jasjit Singh (2025) 476 ITR 15
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANKUSH KALRA
• Assessee Lawyers: R.S. SINGHVI; SATYAJEET GOEL
• Section: 143(3); 153A

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES: E : NEW DELHI BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER AND SHRI AMITABH SHUKLA, ACCOUNTANT MEMBER ITAs No.3620 & 3621/Del/2025 Assessment Years: 2014-15 & 2016-17 DCIT, CC, Delhi. Vs DS SPICECO Pvt. Ltd., 4828/24, Prahlad Lane, Ansari Road, Darya Ganj, Delhi – 110 002. PAN: AAECD6959Q (Appellant) (Respondent) Assessee by : Shri R.S. Singhvi, CA & Shri Satyajeet Goel, Advocate; Revenue by : Ms Ankush Kalra, Sr. DR Date of Hearing : 16.10.2025 Date of Pronouncement : 29.10.2025 ORDER PER ANUBHAV SHARMA, JM: These are appeals preferred by the Revenue against the orders dated 14.02.2025 of the Commissioner of Income-tax (Appeals)-24, New Delhi (hereinafter referred to as the ld. First Appellate Authority or ‘the Ld. FAA’ for short) in Appeals No.CIT(A), Delhi-24/10199/2013-14 and No.CIT(A), Delhi- 24/10823/2015-16 arising out of the appeals before it against the orders dated 31.03.2023 passed u/s 153C r.w.s. 143(3) of the Income Tax Act, 1961 Printed from counselvise.com ITAs No.3620 & 3621/Del/2025 2 (hereinafter referred as ‘the Act’) by the DCIT, Central Circle-07, New Delhi (hereinafter referred to as the Ld. AO). 2. Primarily, the grounds raised by the Revenue appear to be superfluous as the ld.CIT(A), following the decision of the Hon’ble Delhi High Court in CIT v. RRJ Securities Ltd. [2015] 62 taxmann.com 391 (Delhi) and the judgement of the Hon’ble Supreme Court in CIT v. Jasjit Singh (2025) 476 ITR 15, has held that the present two assessment years do not fall in the block period of six assessment years as mentioned in section 153C of the Act. No case of any harmonious interpretation of section 153A of the Act and 153C of the Act is left out to be decided by this bench. The ld.CIT(A) has duly taken into consideration the facts as reflected in the impugned order to hold that the assessments for the years in hand could not have been made by invoking the provisions of section 153C of the Act. Thus there is no substance in grounds. The appeals are dismissed. Order pronounced in the open court on 29.10.2025. Sd/- Sd/- (AMITABH SHUKLA) (ANUBHAV SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 29th October, 2025. dk Printed from counselvise.com ITAs No.3620 & 3621/Del/2025 3 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asstt. Registrar, ITAT, New Delhi Printed from counselvise.com "