COMMISSIONER OF INCOME TAX (EXEMPTIONS) vs. EVANGELICAL FELLOWSHIP OF INDIA
What did the High Court hold?
The Delhi High Court condoned the delay in filing and re-filing the appeal. However, it closed the appeal as no substantial question of law arose for consideration, citing prior judgments.
What were the facts?
The Revenue filed an appeal against an ITAT order for AY 2013-14 with significant delays. The Revenue conceded that the proposed question of law was covered by previous judgments of a coordinate bench.
What were the issues?
Whether a substantial question of law arises for consideration in the appeal, given that the issue is covered by previous judgments of the High Court.
AI-generated summary — verify with the full judgment below
$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 737/2023, CM APPL. 63828/2023 & 63829/2023
COMMISSIONER OF INCOME TAX (EXEMPTIONS) ..... Appellant Through: Mr Abhishek Maratha, Sr. Standing Counsel.
versus
EVANGELICAL FELLOWSHIP OF INDIA ..... Respondent
Through: Mr R. Abhishek Jebaraj, Advocate.
CORAM:
HON'BLE MR JUSTICE RAJIV SHAKDHER
HON'BLE MR JUSTICE GIRISH KATHPALIA
O R D E R %
11.12.2023
[Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 63828/2023 [Application filed on behalf of the appellant seeking condonation of delay of 23 days in filing the appeal] CM APPL. 63829/2023 [Application filed on behalf of the appellant seeking condonation of delay of 457 days in re-filing the appeal] 1. These are applications filed by the appellant/revenue seeking condonation of delay in filing and re-filing the appeal. 2. According to the appellant/revenue, there is delay of 23 days in filing and 457 days in re-filing the appeal. 3. In view of the fact that the we are inclined to take up the appeal for hearing on merits, the delay in filing and re-filing is condoned. ITA 737/2023
page 1 of 2
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 14:03:38
3.1 It is ordered accordingly. 4. The applications are disposed of, in the aforesaid terms. ITA 737/2023 5. The instant appeal concerns Assessment Year (AY) 2013-14. 6. Via the above-captioned appeal, the appellant/revenue seeks to assail the order dated 08.11.2021 passed by the Income Tax Appellate Tribunal [in short, “Tribunal”]. 7. Mr Abhishek Maratha, learned senior standing counsel, who appears on behalf of the appellant/revenue, fairly concedes that the question of law proposed in the instant appeal is covered by the order dated 29.10.2015 of the coordinate bench rendered in ITA 169/2003, titled Director of Income Tax (Exemption) v. M/s Indian Evangelical Team. 7.1. Besides this, reference is also made to another judgment dated 08.07.2022 passed in ITA 185/2022, titled Commissioner for Income Tax (E) Delhi v. M/s India Evangelical Team. 8. Accordingly, the above-captioned appeal is closed, as no substantial question of law arises for our consideration.
RAJIV SHAKDHER, J
GIRISH KATHPALIA, J
DECEMBER 11, 2023 / tr
Click here to check corrigendum, if any
ITA 737/2023
page 2 of 2 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 14:03:38
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