YUM RESTAURANTS MARKETING PVT LTD vs. PR COMMISSIONER OF INCOME TAX 9
What did the High Court hold?
The High Court condoned the delay in re-filing the appeal. The court also allowed the amendment application, directing the appellant to file the amended appeal with the correct Assessment Year.
What were the facts?
The appellant sought condonation of delay in re-filing the appeal and amendment of the appeal to correct the Assessment Year from 2001-02 to 2009-10. The revenue did not oppose the delay condonation.
What were the issues?
Whether to condone the delay in re-filing the appeal and allow amendment of the Assessment Year in the appeal.
AI-generated summary — verify with the full judgment below
$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ITA 26/2023, CM Nos.1998/2023 & 35460/2023
YUM RESTAURANTS MARKETING PVT LTD ..... Appellant Through: Mr Mayank Nagi, Mr Tarun Singh and Mr Sandeeep Yadav, Advs.
versus
PR COMMISSIONER OF INCOME TAX 9 ..... Respondent Through: Mr Abhishek Maratha, Sr Standing Counsel.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE GIRISH KATHPALIA
O R D E R %
18.09.2023
[Physical Hearing/Hybrid Hearing (as per request)] CM No.1998/2023 [Application filed on behalf of the appellant seeking condonation of delay of 211 days in re-filing the appeal] 1. This is an application moved on behalf of the appellant/assessee, seeking condonation of delay in re-filing the appeal. 1.1 According to the appellant/assessee, there is a delay of 211 days. 2. Mr Abhishek Maratha, learned senior standing counsel, who appears on behalf of the respondent/revenue, says that he does not oppose the prayer made in the application. 3. Accordingly, the delay is condoned. 4. The application is disposed of.
ITA 26/2023
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 14:24:35
CM No.35460/2023 [Application filed on behalf of the appellant seeking amendment of appeal] 5. This is an application moved on behalf of the appellant/assessee seeking amendment of the appeal. 6. Mr Mayank Nagi, who appears on behalf of the appellant/assessee, says that the only amendment that the appellant/assessee seeks qua the appeal is regarding the Assessment Year (AY) in issue. 7. According to Mr Nagi, inadvertently, the AY mentioned in the original appeal was 2001-02, whereas the correct AY is 2009-10. 8. We have noticed that along with the above-captioned application, Annexure – A is appended, which refers to the amendment sought in the prayer clause. 9. In our view, this will not suffice. Therefore, while the prayer made in the above-captioned amendment application is allowed, Mr Nagi will place on record the amended appeal with the correct AY indicated. 10. The application is disposed of, in the aforesaid terms. ITA 26/2023 11. List the matter on 08.04.2024 along with the amended appeal.
RAJIV SHAKDHER, J
GIRISH KATHPALIA, J
SEPTEMBER 18, 2023
Click here to check corrigendum, if any ITA 26/2023
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 14:24:35
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