Itat/48/2024 Ia No: Ga/1/2024, Ga/2/2024 Principal Commissioner Of Income Tax 2 Kolkata v. Good Point Stockist Pvt Ltd

IN THE HIGH COURT AT CALCUTTASPECIAL JURISDICTION (INCOME TAX)ORIGINAL SIDE ITAT/48/2024IA NO: GA/1/2024, GA/2/2024PRINCIPAL COMMISSIONER OF INCOME TAX 2 KOLKATA VSGOOD POINT STOCKIST PVT LTD BEFORE :THE HON’BLE THE CHIEF JUSTICE T.S. SIVAGNANAM ANDTHE HON’BLE JUSTICE HIRANMAY BHATTACHARYYADATE : 10[th] APRIL, 2024. Appearance :Mr. Aryak Dutt, Adv.Mr. Soumen Bhattacharjee, Adv.…for appellantMr. Soumitra Chowdhury, Adv.Mr. Avra Mazumder, Adv.Mr. Samrat Das, Adv.…for respondent The Court :- We have heard learned Counsel on either side.It appears that there is a delay of 501 days in filing the appeal. There is, however, no acceptable explanation given by the department forcondonation of the inordinate delay. At the request of the learned Counsel for both sides and as also onprayers the order passed by the Tribunal as well as the order passed by thePCIT under Section 263 of the Act, which is the second order passed underSection 263 of the Act, the learned Tribunal had rightly come to the conclusionthat the bold statement had been made that the assessment order attractsexplanation 2(c) under Section 213 of the Act, without any reasoningwhatsoever. Thus we find that there is no ground to interfere with the order of theTribunal. The application being GA/1/2024 stands dismissed.Consequently, the appeal is also dismissed. (T.S. SIVAGNANAM)CHIEF JUSTICE pkd/GH. ( HIRANMAY BHATTACHARYYA,J.)