What did the High Court hold?

The High Court condoned the delay of 462 days in the Revenue's appeal, considering that a similar delay in the assessee's appeal had been condoned. Notice was issued to the respondent.

The Revenue filed an appeal against an ITAT order with a delay of 462 days. The assessee had also filed an appeal, and a similar delay in their appeal was condoned by the High Court.

What were the issues?

The primary issue was whether to condone the significant delay in the Revenue's appeal for re-filing.

PCIT vs Transcend Mt Services Pvt. Ltd | Delhi High Court 2023

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 611/2023

PR. COMMISSIONER OF INCOME TAX -7 ..... Appellant

Through: Mr Puneet Rai, Sr. Standing Counsel

with Mr Ashvini Kumar and Mr

Rishabh Nangia, Advs.

versus

TRANSCEND MT SERVICES PVT. LTD. ..... Respondent

Through: Mr Vishal Kalra with Mr S.S. Tomar,

Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R %

07.11.2023 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 57568/2023 [Application filed on behalf of the appellant seeking condonation of delay of 462 days in re-filing the appeal] 1. This is an application moved on behalf of the appellant/revenue seeking condonation of delay in re-filing the appeal. 1.1 According to the appellant/revenue, there is a delay of 462 days in re- filing the appeal. 2. Mr Puneet Rai, learned counsel, who is appearing on behalf of the appellant/revenue, informs us that respondent/assessee has also preferred an appeal against the order of the Income Tax Appellate Tribunal [in short, “Tribunal”] dated 19.11.2020 which is impugned in the present appeal. ITA 611/2023

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 14:25:35

We are also informed by Mr Rai that the re-filing delay of 205 days in the respondent’s/assessee’s appeal i.e, ITA No. 120/2023 has been condoned by the court. 4. In these circumstances, we are inclined to condone the delay in re- filing in the instant appeal. 5. It is ordered accordingly. 6. The application is disposed of, in the aforesaid terms. ITA 611/2023 7. This appeal concerns Assessment Year (AY) 2011-12. 8. Via the instant appeal, the appellant/revenue seeks to assail, as noticed above, the order dated 19.11.2020 passed by the Tribunal. 9. Since we have already issued notice in the respondent’s/assessee’s case i.e, in ITA No. 120/2023, we are inclined to issue notice in the instant appeal as well. 10. It is ordered accordingly. 11. Issue notice. 11.1 Mr Vishal Kalra, counsel who appears on behalf of the respondent/assessee, accepts notice. 12. List the above-captioned appeal on 18.03.2024 along with ITA No. 120/2023. RAJIV SHAKDHER, J

GIRISH KATHPALIA, J NOVEMBER 07, 2023/RY

Click here to check corrigendum, if any ITA 611/2023

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 14:25:35

PR. COMMISSIONER OF INCOME TAX -7 vs. TRANSCEND MT SERVICES PVT. LTD.

What did the High Court hold?

What were the facts?

What were the issues?

Recent GST High Court judgments