RAJBIR JAIN vs. INCOME TAX OFFICER AND ORS
What did the High Court hold?
The High Court held that it cannot issue a direction to the Appellate Authority to give priority to the petitioner's appeals without quantifiable data and details of the pendency of other appeals before the appellate authority. The Court stated that as a supervisory jurisdiction, it cannot disturb the priorities of the Appellate Authority and ignore the urgency and priority of other assessees. The writ petitions were dismissed. However, the petitioner was granted the liberty to move an application for early hearing before the Appellate Authority, which the authority would decide in accordance with the law.
What were the facts?
The petitioner, Rajbir Jain, filed writ petitions seeking a direction for the early disposal of appeals against assessment orders. These appeals were filed in the year 2023. The petitioner sought priority in the hearing of their appeals before the appellate authority. The respondents are the Income Tax Officer and others. The High Court of Delhi was considering the writ petitions.
What were the issues?
1. Whether the High Court, in its supervisory jurisdiction, can direct the Appellate Authority to give priority to the petitioner's appeals over other pending appeals, thereby ignoring the urgency and priority of other assessees? (Question of law) Assessee's Contention: The petitioner sought an early disposal of their appeals. The judgment does not record specific arguments made by the petitioner beyond the prayer for early disposal. Revenue's Contention: The judgment does not record specific arguments made by the revenue.
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Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
$~50 & 51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3451/2026 CM APPL. 16552/2026 + W.P.(C) 3452/2026 CM APPL. 16553/2026
RAJBIR JAIN .....Petitioner
Through: Mr. Nikhil Goyal, Advocate.
versus
INCOME TAX OFFICER AND ORS .....Respondent Through: Mr. Abhishek Maratha, Sr. Standing Counsel, Mr. Apoorv Agarwal Jr. SCs, Ms Nupur Sharma, Mr. Gaurav Singh, Mr. Bhanukaran Singh Jodha, Ms Muskaan Goel, Mr. Himanshu Gaur, Mr. Gaurav Kumar Arya and Mr. Mr. Pushpag Shah Johari, Advs.
CORAM:
HON'BLE MR. JUSTICE DINESH MEHTA
HON'BLE MR. JUSTICE VINOD KUMAR
18.03.2026 O R D E R 1. The petitioner has preferred the writ petition seeking direction for early disposal of the appeal. 2. Pursuant to the Court’s query, learned counsel for petitioner submitted that the appeals against the relevant assessment order were filed in the year 2023. Without quantifiable data and details of pendency of appeals, before the appellate authority we cannot disturb the priorities of the Appellate Authority concerned. We as a Court of supervisory jurisdiction cannot issue 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 20/03/2026 at 13:40:05
a direction to the Appellate Authority to give priority to the petitioner’s appeals. Ignoring urgency and priority of other assessees. 3. The writ petitions, therefore, fail. 4. Needless to mention, the petitioner shall be free to move application for early hearing before the Appellate Authority, who shall decide the same in accordance with law. 5. Pending application(s) disposed of.
DINESH MEHTA, J
VINOD KUMAR, J MARCH 18, 2026/dd 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 20/03/2026 at 13:40:05
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