THE COMMISSIONER OF INCOME TAX vs. DELHI PUBLIC SCHOOL

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ITA/414/2009HC DelhiDLHC01179004200831 October 2011Bench: CASES PERTAINING TO SPL.DIVISION BENCHES1 pages
AI SummaryThe result cannot be determined from the provided text as it only indicates the pronouncement of the judgment, not the outcome of the appeals.

What did the High Court hold?

The provided text is a procedural order indicating the pronouncement of the judgment on the appeals filed by the Commissioner of Income Tax against the orders of the ITAT concerning Delhi Public School. It does not contain any findings on the merits of the appeals, the reasoning of the High Court, or the operative directions. The judgment was reserved on 21st September, 2011, and pronounced on 31st October, 2011. No specific issue was decided, and no ratio decidendi can be extracted from this excerpt. The operative directions, if any, are not mentioned.

What were the facts?

The Revenue, through the Commissioner of Income Tax, filed five appeals before the Delhi High Court against the orders of the Income Tax Appellate Tribunal (ITAT). The appeals, numbered ITA NO.345/2009, ITA NO.414/2009, ITA NO.458/2009, ITA NO.780/2009, and ITA NO.787/2009, were all against the same respondent, Delhi Public School. The specific assessment years and the amounts in dispute are not detailed in the provided text. The procedural history leading to these appeals before the High Court involves the ITAT passing orders that are now under challenge by the Revenue. The High Court heard these appeals and reserved its decision on 21st September, 2011, with the final decision being pronounced on 31st October, 2011.

What were the issues?

The provided text does not explicitly state the specific questions of law or fact that the High Court had to decide, nor does it detail the arguments presented by either the assessee (Delhi Public School) or the Revenue (Commissioner of Income Tax). The judgment is a short order indicating the pronouncement of decision on the appeals. Therefore, the specific issues and contentions of the parties, including any reliance on authorities, circulars, or precedents, are not recorded in this excerpt.

AI-generated summary — verify with the full judgment below

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 21st September, 2011 %

Date of decision: 31st October, 2011

+ ITA NO.345/2009, ITA NO.414/2009, ITA NO.458/2009, ITA NO.780/2009 & ITA NO.787/2009

All titled as: COMMISSIONER OF INCOME TAX

…..Appellant Through: Ms. Rashmi Chopra, Advocate.

-versus-

DELHI PUBLIC SCHOOL

.....Respondent Through: Mr. Ajay Vohra, Advocate with Ms. Kavita Jha, Advocate and Mr. Somnath Shukla, Advocate.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

1.

Whether reporters of local papers may be allowed to see the Judgment? No.

2.

To be referred to the Reporter or not? No. 3. Whether the Judgment should be reported in the Digest? Yes.

SIDDHARTH MRIDUL, J.

For orders see ITA No.345/2009.

SIDDHARTH MRIDUL, J.

ACTING CHIEF JUSTICE OCTOBER 31, 2011 mk

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