Director, Income Tax (International Taxation v. Dolphin Drilling Pvt. Ltd

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Income Tax Appeal No. 2 of 2012WithDelay Condonation Application No. 1291 of 2012 Director, Income Tax (International Taxation). ………. Appellant Versus Dolphin Drilling Pvt. Ltd. ..………. Respondent Mr. H.M. Bhatia, Advocate holding brief of Mr. Arvind Vashishth, Advocate for the appellant. Mr. P.R. Mullick, Advocate for the respondent. JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble U.C. Dhyani, J. BARIN GHOSH, C. J. (Oral) Learned counsel for the respondent has not objected to the Application for condonation of delay in preferring the appeal being allowed. We have considered the averments made in the Application for condonation of delay in preferring the appeal and, being satisfied with the sufficiency of reasons furnished therein, allow the same and condone the delay in preferring the appeal. 2. In this case, the Assessment Year was 2006-2007. That assessment was completed on the basis of a decision rendered for the Assessment Year 2005-2006. Inasmuch as the matter pertaining to Assessment Year 2005-2006 did not reach finality, it was questioned whether the principles for assessment during the Assessment Year 2005-2006 could also be adopted for the Assessment Year 2006-2007. The matter pertaining to Assessment Year 2005-2006 has, now, reached finality without any interference and against the Revenue. 3. In the circumstances, the question of law raised in the instant appeal stands answered against the Revenue. The appeal is, accordingly, dismissed. G (U.C. Dhyani, J.) (Barin Ghosh, C. J.) 28.09.2012 28.09.2012