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Judgment
PER YOGESH KUMAR, U.S. JM:
The captioned Appeals are filed by the Revenue challenging the orders of Ld. Commissioner of Income Tax (Appeals)-Delhi-23 (‘Ld. CIT(A)’ for short), dated 14/10/2025, for the Assessment Year 2014-15 and 2015-16 respectively, wherein the Ld. CIT(A) has allowed the Appeals of the Assessee. The Assessee has also filed above Cross Objections by challenging the orders impugned for rejecting certain legal grounds raised by the Assessee.
The Ld. Counsel for the Assessee submitted that the assessment years 2014-15 and 2-15-16 are time barred in view of the settled position of law declared by Hon’ble High Court of Delhi in the case of Ojjus Medicare Pvt Ltd. (2024) 161 taxmann.com 160 (Delhi) dated 03/04/2024 as the satisfaction note u/s 153C of the Act was recorded on 29/09/2021 (relevant to A.Y 2022-23) and 6 AYs backward end at (1) A.Y 2016-17, (2) A.Y 2017-18, (3) A.Y 2018-19, (4) A.Y 2019-20, (5) A.Y 2020-21 and (6) A.Y 2021-22 (F.Y 2020-21) as the satisfaction note u/s 153C was not recorded for an extended period of 10 AYs. Thus, sought for allowing the C.O. No. 70/Del/2026 and C.O. 68/Del/2026 and dismissal of the Appeals filed by the Revenue.
Per contra, the DR relying on the assessment order sought for allowing the Appeals in ITA No. 8971/Del/2025 and 8972/Del/2025 and dismissal of C.Os filed by the Assessee.
We have heard the parties perused the material. In the above case, the satisfaction note under Section 153C of the ACT was record on 29/09/2021 (relevant to A.Y 2022-23) and 6 AYs backward years A.Y 2016-17, A.Y 2017-18, A.Y 2018-19, A.Y 2019-20, A.Y 2020-21 and A.Y 2021-22 (F.Y 2020-21). Considering the fact that as the satisfaction note u/s 153C was not recorded for an extended period of 10 Assessment Years, by following the ratio laid down by the Hon’ble High Court of Delhi in the case of Ojjus Medicare Pvt. Ltd.(2024) 161 reported in taxmann.com 160 (Delhi) dated 03/04/2024, the Assessment Years under consideration i.e. A.Y 2014-15 and 2015-16 are time barred; accordingly, the subject assessment years are hereby quashed. The C.O. No. 70/Del/2026 and C.O. 68/Del/2026 filed by the Assessee are allowed.
Since, we have quashed the assessment orders for A.Y 2014-15 and 2015-16 by allowing Cross Objections filed by the Assessee, the Appeals in ITA Nos. 8972/Del/2025 and 8971/Del/2025 filed by the Revenue are dismissed for having become in-fructuous.