|COURT:||Delhi High Court|
|CORAM:||Prateek Jalan J, Ravindra Bhat J|
|CATCH WORDS:||expedited hearing of appeal|
|DATE:||April 10, 2019 (Date of pronouncement)|
|DATE:||June 28, 2019 (Date of publication)|
|FILE:||Click here to download the file in pdf format|
|S. 254: President/ Sr. VP of the ITAT should take appropriate steps and expedite hearing in old appeals. A tabular statement indicating the age of the old appeals as well as an action plan of the ITAT with respect to the likely time for their disposal, having regard to the priorities that ITAT may set in this regard, shall also be filed in court|
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2477/2019
NOKIA SOLUTIONS AND
NETWORKS ITALIA SPA ….. Petitioner
Through : Mr. Deepak Chopra, Adv.
THE DEPUTY DIRECTOR OF INCOME TAX … Respondent
Through : Mr. Ruchir Bhatia, Sr. Standing
HON’BLE MR. JUSTICE S. RAVINDRA BHAT
HON’BLE MR. JUSTICE PRATEEK JALAN
O R D E R
Issue notice to the respondent.
Mr. Ruchir Bhatia, Senior Standing Counsel accepts notice on behalf of the respondent.
The petitioner’s grievance in this case is that the income tax
appeals, pertaining to assessment years of about 20 years ago, filed by
the petitioner, have been pending for 10 to 16 years (2003-2009). In
the light of these averments, this court is of the opinion that the
President or the Senior Vice President concerned of the Tribunal
should take appropriate steps and expedite the hearing in these
appeals, so as to ensure that final orders in all these appeals are
announced at the earliest, preferably within four months from today.
Although these directions dispose of the petitioner’s grievance,
however, this court is of the opinion that given the nature of the
averments in this petition, the President of the Tribunal, through the
Registrar, should inform this court as to the nature of the pendency
with respect to the old cases – particularly, the number of appeals
pending which are over 5 years, in each Bench.
A tabular statement
indicating the age of these appeals as well as an action plan of the
ITAT with respect to the likely time for their disposal, having regard
to the priorities that ITAT may set in this regard, shall also be filed in
this court within 8 weeks.
List on 17.07.2019.
Dasti under signatures of the Court Master.
S. RAVINDRA BHAT, J
PRATEEK JALAN, J
APRIL 10, 2019
This should be followed by all the benches of the ITAT across India
It is quite opposite in Hyderabad. Appeals filed more than 10 years were still pending High Court, whereas only appeals filed less than 5 years were pending before ITAT.