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Supreme Court - Daily Orders

The Commissioner Of Income Tax vs Ess Distribution (Mauritius) Snc Etc ... on 16 January, 2026

Author: Rajesh Bindal

Bench: Rajesh Bindal

     ITEM NO.9                                COURT NO.15                     SECTION XIV

                                   S U P R E M E C O U R T O F            I N D I A
                                           RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 70740/2025

     [Arising out of impugned final judgment and order dated 13-02-2024
     in ITA No. 336/2023 passed by the High Court of Delhi at New Delhi]

     THE COMMISSIONER OF INCOME TAX                                              Petitioner(s)

                                                          VERSUS

     ESS DISTRIBUTION (MAURITIUS) SNC ETC COMPAGNIE                              Respondent(s)


     (IA No. 336985/2025 - CONDONATION OF DELAY IN FILING)

     Date : 16-01-2026 This matter was called on for hearing today.

     CORAM :
                            HON'BLE MR. JUSTICE RAJESH BINDAL
                            HON'BLE MR. JUSTICE VIJAY BISHNOI


     For Petitioner(s) :
                                        Mr. N Venkataraman, A.S.G. (through V.C.)
                                        Ms. Madhulika Upadhyay, AOR
                                        Mr. V Chandrashekhara Bharathi, Adv.
                                        Mr. Bhakti Vardhan Singh, Adv.


     For Respondent(s) :
                                        Mr. Porus Kaka, Sr. Adv. (through V.C.)
                                        Mr. Ashok Mathur, AOR
                                        Ms. Sharda Zutshi, Adv.
                                        Mr. Divesh Chawla, Adv.


                             UPON hearing the counsel the Court made the following
                                                O R D E R

The present petition has been filed impugning the order dated 13.02.2024 passed by the High Court of Delhi Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2026.01.20 in ITA No. 336 of 2023, whereby the High Court has 15:50:38 IST Reason: dismissed the appeal filed by the petitioner herein. There is delay of 558 days days in filing the present petition. The application for condonation of delay hardly justifies condonation of such a huge delay in filing the petition.

Accordingly, the application for condonation of delay is dismissed. Consequently, the Special Leave Petition is also dismissed with cost of ₹50,000/- for filing the present petition after such a huge delay. The amount of cost shall be deposited by the petitioner in the below mentioned bank account within four weeks from today:

        Name of      Fund              Armed      Forces      Battle
                                       Casualties Welfare Fund
        Bank Name                  Canara   Bank   Branch South
                                   Block, Defence Headquarters,
                                   New Delhi – 110011
        IFSC Code                  CNRB0019055
        Account No.                    90552010165915


The Registry is directed to forward a copy of this order on the following email id for information:

[email protected] Pending application shall also stand disposed of.
(DEEPAK SINGH)                                                (KOMAL)
ASTT. REGISTRAR-cum-PS                                      BRANCH OFFICER