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Supreme Court - Daily Orders

The Commissioner Of Income Tax, ... vs Ess Distribution (Mauritius) S.N.C. ... on 16 February, 2026

Author: Rajesh Bindal

Bench: Rajesh Bindal

     ITEM NO.15                                 COURT NO.14                    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). 4783/2026

     [Arising out of impugned final judgment and order dated 13-02-2024
     in ITA No. 344/2023 passed by the High Court of Delhi at New Delhi]

     THE COMMISSIONER OF INCOME TAX, INTERNATIONAL
     TAXATION 1, NEW DELHI                                                        Petitioner(s)

                                                        VERSUS

     ESS DISTRIBUTION (MAURITIUS) S.N.C. E.T. COMPAGNIE                           Respondent(s)

     (IA No. 45343/2026 - CONDONATION OF DELAY IN FILING)

     Date : 16-02-2026 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. V C Bharathi, Adv.
                                      Mr. Sudarshan Lamba, AOR

     For Respondent(s) :


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

1. The present petition has been filed impugning the order dated 13.02.2024 passed by the High Court of Delhi in ITA No. 344 of 2023, whereby the High Court has dismissed the appeal filed by the petitioner herein.

2. There is delay of 620 days in filing the present petition. The application for condonation of delay hardly justifies condonation of such a huge delay in filing the Signature Not Verified Digitally signed by ANITA MALHOTRA Date: 2026.02.19 18:22:47 IST Reason: petition. 1

3. Accordingly, the application for condonation of delay is dismissed. Consequently, the Special Leave Petition is also dismissed with cost of ₹50,000/- (Rupees fifty thousand only) 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


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

[email protected]

5. Pending application shall also stand disposed of.




(ANITA MALHOTRA)                                      (AKSHAY KUMAR BHORIA)
   AR-CUM-PS                                              COURT MASTER




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