Deputy Commissioner Of Income Tax vs Subhash Kumar
2026 Latest Caselaw 1474 Jhar

Jharkhand High Court

Deputy Commissioner Of Income Tax vs Subhash Kumar on 24 February, 2026

Author: Rajesh Shankar

Bench: Rajesh Shankar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Tax Appeal No.09 of 2023
                             With
                     I.A. No.5644 of 2024
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Deputy Commissioner of Income Tax, Circle-3, Ranchi.

.......... Appellant.

-Versus-

Subhash Kumar .......... Respondent.

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CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Appellant : Mr. Kumar Vaibhav, Sr. S.C. Mr. Anurag Vijay, Jr. S.C. For the Respondent: Mrs. Darshana Poddar Mishra, Advocate

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Order No.06 Date: 24.02.2026

1. Heard learned counsel for the parties.

2. I.A. No.5644 of 2024 seeks condonation of delay of 70 days in

filing this appeal.

3. We have perused the interim application and we are satisfied that

the delay has been sufficiently explained. The delay is also not

inordinate and since there is sufficient cause shown, we condone

the same.

4. The aforesaid I.A. is disposed of.

5. Upon condoning the delay, with the consent of the learned

counsel for the parties, the appeal is taken upon for

consideration.

6. Upon hearing the learned counsel for the parties, we are satisfied

that this appeal is required to be admitted on the following

substantial questions of law:-

a. Whether the learned Tribunal has erred in facts and on

law in deleting the addition made by the Assessing

Officer on the ground of transactions in shares being a

sham transaction?

b. Whether the learned Tribunal has erred in facts and on

law in holding that the fact of the instant case is squarely

covered by the jurisdictional High Court judgment in CIT,

Jamshedpur vs. Arun Kumar Agarwal (HUF)?

7. The remaining substantial questions of law proposed in the

appeal memo are subsumed by the above substantial questions

which we have now framed.

8. The learned counsel for the respondent waives service after the

admission of the appeal.

(M. S. Sonak, C.J.)

(Rajesh Shankar, J.) 24th February, 2026 Sanjay/Rohit Uploaded on 24.02.2026