RAJIV SHAKDHER, GIRISH KATHPALIA
Principal Commissioner of Income Tax-7 – Appellant
Versus
Sumitomo Corporation India Pvt. Ltd. – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM APPL. 10173/2023 in ITA 119/2023
CM APPL. 10177/2023 in ITA 121/2023 [Applications filed on behalf of the appellant/revenue seeking condonation of delay of 214 days in filing the appeals]
1. These are the applications moved on behalf of the appellant/revenue seeking condonation of delay in filing the appeals.
1.1 According to the appellant/revenue, there is a delay of 214 days in filing the appeals.
2. Mr C.S. Aggarwal, learned senior standing counsel, who appears on behalf of the respondent/assessee, says that he does not oppose the prayer made in the applications.
3. Accordingly, the prayers made therein are allowed.
4. The applications are disposed of, in the aforesaid terms.
ITA 119/2023 & ITA 121/2023
5. These appeals concern Assessment Year (AY) 2016-17 (ITA No. 119/2023) and AY 2015-16 (ITA No. 121/2023).
6. The appellant/revenue has laid challenge to a common order of the Income Tax Appellate Tribunal [in short, `Tribunal'] dated 24.11.2021.
7. In the connected appeals which were listed on our board today i.e. ITA 22/2023, ITA 23/2023 and ITA 122/2023, we have noticed that in the earl
The absence of substantial question of law can lead to the closure of appeals.
The principle of condonation of delay and the requirement for a substantial question of law to arise for consideration in an appeal.
The court has the discretion to condone delay in re-filing appeals and may rely on previous decisions to close appeals.
The court's decision emphasized that no substantial question of law arose for consideration, leading to the dismissal of the 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 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 has the discretion to condone delay and may dispose of appeals with a caveat for further steps against the respondent/assessee in case of any deletion of substantial additions.
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 its previous ruling on a similar issue, indicating the importance of consistency in judicial decisions.
The court's decision was based on the absence of a substantial question of law for consideration in the appeal.
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