THE COMMISSIONER OF INCOME TAX - INTERNATIONAL TAXATION -3 vs. SIEMENS MOBILE COMMUNICATION SPA

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ITA - 495 / 2023HC Delhi01 September 20232 pages
For Petitioner: RUCHIR BHATIA
AI SummaryAllowed

What did the High Court hold?

The Delhi High Court condoned the delay in filing and re-filing the appeals. The court also directed that these appeals be listed on a future date, as the issue involved is common to other pending matters.

What were the facts?

The appellant, Commissioner of Income Tax, filed applications seeking condonation of delay in filing and re-filing appeals. The respondent did not oppose these applications.

What were the issues?

The primary issue was whether the delay in filing and re-filing the appeals should be condoned. The court also noted that the substantive issue in the appeals is common to other pending matters.

AI-generated summary — verify with the full judgment below

$~20-23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 492/2023

ITA 493/2023

ITA 494/2023

ITA 495/2023

THE COMMISSIONER OF INCOME TAX - INTERNATIONAL

TAXATION -3 ..... Appellant

Through: Ms Deeksha for Mr Ruchir Bhatia, Sr.

Standing Counsel

versus

SIEMENS MOBILE COMMUNICATION SPA ..... Respondent Through: Mr Deepak Chopra, Adv with Mr Anmol Anand, Ms Priya Tandon, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R %

01.09.2023 [Physical Hearing/Hybrid Hearing (as per request)] CM No.45075/2023 in ITA 492/2023 CM No.45081/2023 in ITA 493/2023 CM No.45098/2023 in ITA 495/2023 1. Allowed, subject to just exceptions. CM No.45074/2023 in ITA 492/2023 CM No.45080/2023 in ITA 493/2023 CM No.45085/2023 in ITA 494/2023 CM No.45097/2023 in ITA 495/2023 [Applications filed on behalf of the appellant seeking condonation of delay of 24 days in filing the appeals] CM No.45076/2023 in ITA 492/2023 CM No.45082/2023 in ITA 493/2023 CM No.45086/2023 in ITA 494/2023 CM No.45099/2023 in ITA 495/2023 [Applications filed on behalf of the appellant seeking condonation of delay of 400 days in re-filing the appeals] ITA 492/2023 & Connected matters

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 28/03/2026 at 05:13:06

2.

The above-captioned applications have been filed on behalf of the appellant, seeking condonation of delay 24 days in filing and 400 days in re- filing the appeals. 3. Mr Deepak Chopra, learned counsel, who appears on behalf of respondent, does not oppose the prayers made in the above-captioned applications. Accordingly, the delay is condoned. 4. The above-captioned applications are disposed of. ITA 492/2023 ITA 493/2023 ITA 494/2023 ITA 495/2023

5.

It is pointed out by the Mr Deepak Chopra, learned counsel, who appears on behalf of respondent/assessee that the issue which arises for consideration in the above-captioned appeals, also arises in several other matters, including ITA 491/2023 concerning the same assessee. 6. We are told by Mr Chopra that ITA 491/2023 is listed on 17.11.2023. 7. Accordingly, list the above-captioned appeals on 17.11.2023.

RAJIV SHAKDHER, J

GIRISH KATHPALIA, J SEPTEMBER 1, 2023/as

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ITA 492/2023 & Connected matters

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 28/03/2026 at 05:13:06

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