Pr. Commissioner of Income Tax (Central)-2 v. Nagar Dairy Pvt. Ltd.

Delhi High Court · 05 Jul 2023 · 2023:DHC:4560-DB
Rajiv Shakdher; Girish Kathpalia
ITA 343/2023
2023:DHC:4560-DB
tax appeal_dismissed

AI Summary

The Delhi High Court condoned a 14-day delay in filing an income tax appeal but dismissed the appeal as the issue was already settled by binding precedent.

Full Text
Translation output
ITA 343/2023 Pg. 1 of 2
HIGH COURT OF DELHI
Date of Decision: 05.07.2023
ITA 343/2023
PR. COMMISSIONER OF INCOME TAX (CENTRAL)-2 ..... Appellant
Through: Mr Sanjay Kumar, Senior Standing Counsel with Ms Easha Kadian and Ms Hemlata
Rawat, Advocates.
VERSUS
NAGAR DAIRY PVT. LTD. ..... Respondent
Through: None.
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. 33435/2023
JUDGMENT

1. Allowed, subject to all just exceptions. CM APPL. 33436/2023 [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 Mr Sanjay Kumar, Senior Standing Counsel who appears on behalf of the appellant/revenue, there is a delay of 14 days.

3. Having regard to the period of delay involved, we are inclined to condone the delay in filing the appeal.

4. The prayer made in the application is allowed. The delay is, accordingly, condoned.

5. The application is disposed of, in the aforesaid terms. ITA 343/2023

6. This appeal concerns Assessment Year (AY) 2006-07.

7. The appellant/revenue seeks to assail the order dated 22.11.2022 passed by the ITA 343/2023 Pg. 2 of 2 Income Tax Appellate Tribunal [in short, “Tribunal”] in ITA No. 5470/Del/2015.

8. Mr Kumar informs us that the issue raised in the instant appeal stands covered by the decision rendered by this court on 01.06.2023 in ITA No. 321/2023, 324/2023 and 325/2023. 8.[1] To be noted, in the said order, we had recorded that the issue raised was covered by a judgment of a coordinate bench of this court rendered in CIT vs. RRJ Securities Ltd. 380 ITR 612.

9. Therefore, having regard to the aforesaid, no substantial question of law arises for our consideration.

10. The appeal is, accordingly, closed.

11. The Registry will dispatch the copy of the order passed today to the respondent/assessee via all modes including email.

(RAJIV SHAKDHER) JUDGE (GIRISH KATHPALIA)

JUDGE JULY 5, 2023 Click here to check corrigendum, if any