RAJIV SHAKDHER, GIRISH KATHPALIA
Principal Commissioner of Income Tax (central)-2 – Appellant
Versus
Nagar Dairy Pvt. Ltd. – Respondent
JUDGMENT
Rajiv Shakdher, J. (Oral)
CM APPL. 33413/2023
1. Allowed, subject to all just exceptions.
CM APPL. 33412/2023 [Application filed on behalf of the appellant/revenue seeking condonation of delay of 14 days in filing the appeal]
2. This is an application moved on behalf of the appellant/revenue seeking condonation of delay in filing the appeal.
2.1. According to Mr Sanjay Kumar, senior standing counsel who appears on behalf of the appellant/revenue, there is a delay of 14 days.
3. Having regard to the delay involved, we are inclined to condone the delay in filing the appeal.
4. The prayer made in the application is allowed. The delay is, accordingly, condoned.
5. The application is disposed of, in the aforesaid terms.
ITA 340/2023
6. This appeal concerns Assessment Year (AY) 2008-09.
7. The appellant/revenue seeks to assail the order dated 23.11.2022 passed by the Income Tax Appellate Tribunal [in short, "the Tribunal"], concerning appeals filed by the appellant/revenue and cross-objections filed by the respondent/assessee against the order dated 12.06.2015 passed by the Commissioner of Income Tax Appeals [in short, "CIT(A)"].
8. Before the Tribunal, the AYs involved wer
The incriminating material found during the search must concern the assessment year in issue for the proceedings to be valid.
The presence of incriminating material and the applicability of previous judgments are crucial in determining the admissibility of an appeal.
The court's decision was influenced by its previous ruling on a similar issue, indicating the importance of consistency in judicial decisions.
The court's decision was based on the lack of substantial question of law arising for consideration and the coverage of the issue by a previous court decision.
The court's decision was influenced by the absence of incriminating material in the mentioned Assessment Years and the coverage of the issue by the judgment of the coordinate bench of the Court and t....
The court's decision was influenced by the specific judgments covering the issue and the absence of substantial questions of law for consideration.
The court's decision was based on the absence of a substantial question of law for consideration in the appeal.
The court has the discretion to condone delay in re-filing appeals and may rely on previous decisions to close appeals.
The court has the discretion to allow condonation of delay in re-filing appeals and may grant liberty to file a writ petition based on previous judgments.
The principle of condonation of delay and the requirement for a substantial question of law to arise for consideration in an appeal.
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