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Supreme Court - Daily Orders

Commissioner Of Income Tax ... vs Zte Corporation on 10 April, 2023

Bench: M.R. Shah, C.T. Ravikumar

                                                     1

     ITEM NO.3                             COURT NO.4                 SECTION XIV

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

     Petition(s) for Special Leave to Appeal (C)                   No(s).    7273/2023 @ D.
     No. 5095/2020

     (Arising out of impugned final judgment and order dated 18-10-2019
     in ITA No. 817/2019 passed by the High Court Of Delhi At New Delhi)

     COMMISSIONER OF INCOME TAX INTERNATIONAL TAXATION 2 Petitioner(s)

                                                    VERSUS

     ZTE CORPORATION                                                        Respondent(s)

     (FOR ADMISSION and I.R. and IA No.75674/2020-CONDONATION OF DELAY
     IN FILING and IA No.75677/2020-EXEMPTION FROM FILING C/C OF THE
     IMPUGNED JUDGMENT)

     Date : 10-04-2023 This matter was called on for hearing today.

     CORAM :                 HON'BLE MR. JUSTICE M.R. SHAH
                             HON'BLE MR. JUSTICE C.T. RAVIKUMAR

     For Petitioner(s)                 Mr. N. Venkataraman, A.S.G.
                                       Mr. V C Bharathi, Adv.
                                       Mr. A K Kaul, Adv.
                                       Mr. Amit Sharma, Adv.
                                       Mr. Prashant Singh, Adv.
                                       Mr. Manish Pushkarna, Adv.
                                       Mr. Raj Bahadur Yadav, AOR

     For Respondent(s)                 Mr. Harpreet Singh Ajmani, AOR

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

Delay condoned.

The issue raised by the Revenue in the present special leave petitions is covered against them vide judgment dated 02.03.2021 in the case of “Engineering Analysis Centre of Excellence Private Signature Not Verified Limited vs. The Commissioner Of Income Tax & Anr.”, (2022) 3 SCC Digitally signed by R Natarajan Date: 2023.04.11 17:00:07 IST Reason:

321. 2 Learned Additional Solicitor General states that a Review Petition has been filed against this judgment, which is currently pending and the right of the Revenue to revive the present special leave petitions may be reserved, in case the Review Petition is allowed.

Recording the aforesaid, the special leave petition is dismissed, as the same is covered by the said decision of this Court. In case the review petition on the issue raised in the present special leave petition is allowed, it will be open to the petitioner(s) to get the present special leave petition revived. Pending application(s), if any, shall stand disposed of.

(R. NATARAJAN)                                       (NISHA TRIPATHI)
ASTT. REGISTRAR-cum-PS                             ASSISTANT REGISTRAR