RAJIV SHAKDHER, GIRISH KATHPALIA
Commissioner of Income Tax-international Taxation-1 – Appellant
Versus
Amadeus It Group Sa – Respondent
JUDGMENT
Rajiv Shakdher, J. (Oral)
CM APPL. 47917/2023
1. Allowed, subject to just exceptions.
CM No.47918/2023 [Application filed on behalf of the appellant seeking condonation of delay of 170 days in re-filing the appeal]
2. This is an application moved on behalf of the appellant/revenue seeking condonation of delay in re-filing the appeal.
2.1. According to the appellant/asseessee, there is a delay of 170 days in re-filing the appeal.
3. Mr Udit Naresh, learned counsel, who appears on behalf of the respondent/assessee, says that he does not oppose the prayer made in the application.
4. Accordingly, the prayer made in the application is allowed.
5. The application is disposed of.
ITA 533/2023
6. This appeal concerns Assessment Year (AY) 2018-19.
7. Via the instant appeal, the appellant/revenue seeks to assail the order dated 13.09.2022 passed by the Income Tax Appellate Tribunal [in short, "Tribunal"].
8. The Tribunal has ruled in favour of respondent/assessee and in this regard relied upon the decision rendered in the assessee's case for AYs 2007-08 to 2012-13.
9. It is not disputed by Mr Ruchir Bhatia, learned senior standing counsel, who appears on behalf of appellant/revenue that the issue
The principle of condonation of delay and the requirement for a substantial question of law to arise for consideration in 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 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 specific judgments covering the issue and the absence of substantial questions of law for consideration.
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 based on the absence of a substantial question of law for consideration in the appeal.
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 absence of substantial question of law can lead to the closure of appeals.
The main legal point established in the judgment is the requirement to calculate the tax effect separately for every assessment year and to file appeals based on the tax effect in the relevant assess....
The presence of incriminating material and the applicability of previous judgments are crucial in determining the admissibility of an appeal.
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