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2023 Supreme(Del) 5390

IN THE HIGH COURT OF DELHI AT NEW DELHI
Rajiv Shakdher, Girish Kathpalia, JJ.
The Commissioner of Income Tax-international Taxation-1 - Appellant
Versus
Amadeus It Group Sa - Respondent
ITA 533 of 2023
Decided On : 18-09-2023

Advocates appeared:
Mr Ruchir Bhatia, Senior Standing Counsel with Ms Deeksha Gupta, Advocate, for the Appellant.
Ms Kavita Jha with Mr Udit Naresh and Mr Himanshu Aggarwal, Advocates, for the Respondent.

IMPORTANT POINT
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.

Headnote:

Delay Condonation - Appeal - The court allowed the application seeking condonation of delay in re-filing the appeal, as there was no opposition from the respondent.

Fact of the Case:

The appellant sought condonation of delay in re-filing the appeal for Assessment Year 2018-19. The Tribunal had ruled in favor of the respondent, relying on a previous decision. The appellant contended that the issue raised in the appeal was covered by a decision of the court.

Finding of the Court:

The court allowed the application for delay condonation and closed the appeal, stating that no substantial question of law arose for consideration.

Issues: Delay in re-filing the appeal, reliance on previous decision, coverage of the issue by a court decision.

Ratio Decidendi: The court's decision was influenced by the lack of opposition from the respondent and the coverage of the issue by a previous court decision.

Final Decision: The appeal was closed, as no substantial question of law arose for consideration.

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 raised in the instant appeal is covered by the decision of this court dated 31.08.2023 in The Commissioner of Income Tax-International Taxation-1 vs Amadeus IT Group SA, 2023:DHC:6502-DB.

10. Accordingly, the appeal is closed, as no substantial question of law arises for our consideration.

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