Pr. Commissioner of Income Tax-7 v. Sumitomo Corporation India Pvt. Ltd.

Delhi High Court · 13 Jul 2023 · 2023:DHC:4913-DB
Rajiv Shakdher; Girish Kathpalia
ITA 119/2023 & ITA 121/2023
2023:DHC:4913-DB
tax appeal_dismissed

AI Summary

The Delhi High Court allowed condonation of delay in filing income tax appeals but closed the appeals as no substantial question of law arose from the Tribunal's order.

Full Text
Translation output
ITA 119/2023 & ITA 121/2023
HIGH COURT OF DELHI
Date of Decision: 13.07.2023
ITA 119/2023 & CM APPL. 10173/2023
PR. COMMISSIONER OF INCOME TAX-7 ..... Appellant
Through: Mr Zoheb Hossain, Sr. Standing Counsel with Mr Sanjeev Menon, Jr.
Standing Counsel.
VERSUS
SUMITOMO CORPORATION INDIA PVT. LTD. ..... Respondent
Through: Mr C.S. Aggarwal, Sr. Adv. with Mr Prakash Agarwal, Adv.
ITA 121/2023 & CM APPL. 10177/2023
PR. COMMISSIONER OF INCOME TAX-7 ..... Appellant
Through: Mr Zoheb Hossahin, Sr. Standing Counsel with Mr Sanjeev Menon, Jr.
Standing Counsel.
VERSUS
M/S SUMITOMO CORPORATION INDIA PVT. LTD. ..... Respondent
Through: Mr C.S. Aggarwal, Sr. Adv. with Mr Prakash Agarwal, Adv.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE GIRISH KATHPALIA [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]
JUDGMENT

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.

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 earlier AYs i.e. 2007-08 to 2010-11, this court had passed a remand-order dated 22.07.2016.

8. Upon the High Court passing the order of remand, the Tribunal rendered a decision on 22.10.2018.

9. The appellant/revenue, for whatever reason, chose not to file an appeal against the said order.

10. Since the issues which arise for consideration in the instant appeals are in our view, pari materia, no substantial question of law arises.

11. The above-captioned appeals are, accordingly, closed.

RAJIV SHAKDHER, J GIRISH KATHPALIA, J JULY 13, 2023 Click here to check corrigendum, if any