ALLAHABAD HIGH COURT · SOURCE-REVIEWED PROCEDURAL ORDER

Commissioner of Income Tax and Another v. Spice Mobility Ltd.

Income Tax Appeal Defective No. 39 of 2019 ·
Supplied court order; no reported citation stated

Delay condoned and defect removed, followed by dismissal of Revenue appeal on the historical monetary-limit ground.

Division Bench · Bharati Sapru · Rohit Ranjan Agarwal

1. Facts of the case

Revenue brought Income Tax Appeal Defective No. 39 of 2019 against Spice Mobility Ltd. The Court accepted sufficient cause for delay and recorded removal of the defect. Assessee counsel stated that the tax effect was below the monetary limit; no amount or assessment year is given.

Source: PDF p.1 (complete supplied order)

2. Discussion by the Hon’ble Court

The Court first condoned delay and recorded that the defect was removed, then addressed maintainability under Circular No. 17/2019 dated 8 August 2019 and the CBDT communication dated 20 August 2019. It did not adjudicate the substantive tax grounds.

Source: PDF p.1 (complete supplied order)

3. Judicial decision

Income Tax Appeal Defective No. 39 of 2019 was dismissed as not maintainable on the recorded monetary-limit ground, after condonation of delay and removal of the defect.

Source: PDF p.1 (complete supplied order)

4. Outcome / in whose favour

The assessee obtained procedural dismissal of Revenue’s appeal. Revenue’s successful delay request did not become success on the tax merits.

Source: PDF p.1 (complete supplied order)

5. AKHB REVIEW POINT

Distinguish delay condonation and defect removal from the appeal’s eventual dismissal. The order supplies no tax-effect calculation, general ruling on the underlying assessment or current monetary threshold; check applicable exceptions and later proceedings separately.

Source: PDF p.1 (complete supplied order)

Source and verification

Complete supplied one-page order read and visually inspected. Actual individual Drive original SHA-256 independently verified; complete text compared with the preserved review packet. AY, PAN and a tax-effect computation are not stated. Subsequent treatment and current law are not cleared.

Source SHA-256: 69089fc4be338ffe0a449056f0498d184bd55e6019763cb80d59cd88b2efae7e

Only provisions expressly identified in this order are recorded. No substantive tax merits or current statutory equivalence is inferred.

Source checked 2026-10-19. Later proceedings, compliance and current precedential treatment have not been comprehensively verified.

AI disclosure and professional disclaimer

This AKHB research note was prepared with AI assistance from an identified primary report. Independent human review is not represented.

General legal and tax research only; not legal or tax advice. Verify the complete judgment, applicable statutory version and subsequent treatment before reliance. The AKHB REVIEW POINT is editorial analysis, not the Court’s holding. No current-law clearance is claimed.