HC should refuse to condone the delay when identical issues are pending : SC

Supreme Court in Matter of ANIL KUMAR NEHRU THR HIS POWER OF ATTORNEY ANKIT AGRAWAL V/S ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 16(2),MUMBAI

HC should refuse to condone the delay and should not take a technical approach when appeals for earlier years with identical issues are already pending before it : Supreme Court set’s aside the order of the High Court

HC should refuse to condone the delay when identical issues are pending : SC

The Extract of Order is given below :

ORDER

Leave granted.

It is a matter of record that on the identical issue raised by the appellant in respect of earlier assessment, the appeal is pending before the High Court. In these circumstances, the High Court should not have taken such a technical view of dismissing the appeal in the instant case on the ground of delay, when it has to decide the question of law between the parties in any case in respect of earlier assessment year. For this reason we set aside the order of the High Court; condone the delay for filing the appeal and direct to decide the appeal on merits.

The appeals are allowed accordingly.

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