The Pr. Commissioner of Income Tax -Central -1 v. Ashok Kumar Singh

1. This is an application seeking condonation of delay in re-filing the appeal, on behalf of the appellant/revenue.

2. According to the appellant/revenue, there is a delay of 40 days refiling the appeal.

3. Having regard to the period involved, we are inclined to condone the delay.

4. The application is, accordingly, disposed of.

5. This appeal concerns Assessment Year [AY] 2014-15.

6. Via the instant appeal, the appellant/revenue seeks to assail the order dated 19.04.2023 passed by the Income Tax Appellate Tribunal [in short „Tribunal‟].

7. The Commissioner of Income Tax (Appeals) [in short, “CIT(A)”], via the order dated 23.08.2021, deleted the addition made by the Assessing Officer (AO), albeit on protective basis, amounting to Rs. 2,75,75,955/- on the ground that a substantive addition was being made against the company in which the respondent/assessee was a director and a sole shareholder, i.e., Everbez Business Inc. [in short „Everbez‟]. The record shows that Everbez was being proceeded under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 [in short „2015 Act‟].

8. The said order of the CIT(A) has been sustained by the Tribunal via the impugned order.

9. Mr Ruchir Bhatia, learned senior standing counsel states that the best way forward would be to close the instant appeal, with liberty to the appellant/revenue to approach the Court, in case the appellant/revenue were to fail in the proceedings taken out against the respondent/assessee, concerning Everbez under the 2015 Act.

10. We tend to agree with Mr Bhatia. Accordingly, the appeal is closed with liberty as prayed for.

11. The registry will dispatch a copy of the order to the respondent/assessee via all modes, including email. The appellant/revenue will also ensure that a copy of this order is served on the respondent/assessee.

RAJIV SHAKDHER JUDGE GIRISH KATHPALIA JUDGE DECEMBER 14, 2023