YUM RESTAURANTS MARKETING PVT. LTD. v. PRINCIPAL COMMISSIONER OF INCOME TAX-9

Delhi High Court · 19 Jul 2021 · 2021:DHC:2102-DB

Manmohan; Navin Chawla

ITA 226/2020

2021:DHC:2102-DB

tax appeal_dismissed

AI Summary

The Delhi High Court dismissed the tax appeal, holding that the doctrine of diversion of income by overriding title was not applicable and the issue could not be re-agitated after the High Court's prior order.

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ITA226/2020
HIGH COURT OF DELHI
ITA 226/2020 & CM APPLs. 33423-424/2020
YUM RESTAURANTS MARKETING PVT. LTD. ..... Appellant
Through: Mr. M.S. Syali Senior Adv. With Mr. Mayank Nagi, Mr. Tarun Singh and Mr. Pulkit Verma, Advocates.

VERSUS

PRINCIPAL COMMISSIONER OF INCOME TAX-9, .... Respondent
Through: Mr. Abhishek Maratha, Sr. Standing Counsel.
Date of Decision: 19th July, 2021

CORAM:

HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA

JUDGMENT

MANMOHAN, J

1. The appeal has been heard by way of video conferencing.: (Oral)

2. Present appeal has been filed under Section 260A of the Income Tax Act, 1961 against the order dated 09th September, 2019 passed by the ‘D’ Bench of Income Tax Appellate Tribunal, New Delhi in ITA No.3235/Del/2005 for the Assessment Year 2001-2002. The Tribunal in its impugned order has held as under:

“41. Considering the above facts and case laws, there is no applicability of doctrine of diversion of income by overriding title in this case. This plea of diversion of

2021:DHC:2102-DB ITA226/2020 income by overriding title was admittedly raised by the assesse before the High Court. Once the order is passed by the High Court in a matter, the said pleading cannot be entertained afresh by the Hon'ble Tribunal. Moreover, the plea of the assessee with regard to diversion of income by overriding title also, assesse has no case.”

3. Keeping in view the aforesaid findings, this Court is of the view that no substantial question of law arises for determination in the present proceedings.

4. Accordingly, the present appeal along with pending applications are dismissed.

5. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail MANMOHAN, J NAVIN CHAWLA, J JULY 19, 2021 TS

YUM RESTAURANTS MARKETING PVT. LTD. v. PRINCIPAL COMMISSIONER OF INCOME TAX-9

AI Summary

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JUDGMENT

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