RAJIV SHAKDHER, GIRISH KATHPALIA
Principal Commissioner of Income Tax (central)-2 – Appellant
Versus
Nagar Dairy Pvt. Ltd. – Respondent
JUDGMENT
Rajiv Shakdher, J. (Oral)
CM No.39036/2023
1. Allowed, subject to just exceptions.
CM No. 39035/2023 [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 the appellant/revenue, there is a delay of 14 days in filing the appeal.
3. Having regard to the period of delay, we are inclined to allow the prayer made in the application.
3.1. It is ordered accordingly.
4. The application is disposed of, in the aforesaid terms.
ITA 419/2023
5. This appeal concerns Assessment Year (AY) 2009-10.
6. Via this appeal, the appellant/revenue seeks to assail the order dated 23.11.2022 passed by the Income Tax Appellate Tribunal [in short, "Tribunal).
7. Mr Sanjay Kumar, learned senior standing counsel, who appears on behalf of appellant/revenue, says that issue raised in this appeal stands covered by the judgment dated 01.06.2023, passed in appeals preferred by the appellant/revenue, arising from the aforementioned impugned order passed by the Tribunal.
8. These appeals are ITA No. 322/2023,
The presence of incriminating material and the applicability of previous judgments are crucial in determining the admissibility of an appeal.
The incriminating material found during the search must concern the assessment year in issue for the proceedings to be valid.
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 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 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 specific judgments covering the issue and the absence of substantial questions of law for consideration.
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 based on the absence of a substantial question of law for consideration in the appeal.
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 and may dispose of appeals with a caveat for further steps against the respondent/assessee in case of any deletion of substantial additions.
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