Ita/643/2016 Of Commissioner Of Income Tax v. Sumitomo Corporation India Pvt. Ltd
High Court
21 Oct 2016 In favour of: Assessee
Forum / Bench
High Court · dhcdb
Parties
Ita/643/2016 Of Commissioner Of Income Tax v. Sumitomo Corporation India Pvt. Ltd
Date of order
21 Oct 2016
Assessment year(s)
2008-2009
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In Ita/643/2016 Of Commissioner Of Income Tax v. Sumitomo Corporation India Pvt. Ltd, the High Court (2016) dismissed the appeal. The decision went in favour of the assessee.
Decision: The delay application and the appeal are therefore dismissed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI+ ITA 643/2016 & C.M.30984/2016 (for delay) COMMISSIONER OF INCOME TAX, ..... Appellant
..... Appellant
Through: Mr.Sanjay Kumar and Mr.Dileep Shivpuri, standing counsels
versus
SUMITOMO CORPORATION INDIA PVT. LTD...... Respondent
Through: Mr.Prakash Kumar, Adv.
CORAM:HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA O R D E R% 21.10.2016
There is a delay of 1161 in re-filing of this appeal. No justifiable reason, qualifying as sufficient cause has been furnished. In fact, the reasons provided show neglect and complete inaction as to the fate of the appeal by the revenue. Revenue cites pendency of a large number of defective appeals and reorganisation of its panel of counsels as the ground for condonation of delay. Furthermore, even on the merits, the court notices that question of law urged is squarely covered for AY 2008-2009 & 2009-2010 in other cases (Commissioner of Income Tax vs. Sumitomo Corporation India Pvt. –Ltd. ITA 83/2015, decided on 05.05.2015 and ITA 538/2016 decided on 19.09.2016). Therefore no question of law arises as well.
The delay application and the appeal are therefore dismissed.
S. RAVINDRA BHAT, J
OCTOBER 21, 2016 rb
DEEPA SHARMA, J
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