Itat/69/2024 Ia No: Ga/1/2024, Ga/2/2024 Principal Commissioner Of Income Tax 2, Kolkata v. M/S Luxmi Township And Holding Ltd Tilak Mitra

IN THE HIGH COURT AT CALCUTTASPECIAL JURISDICTION (INCOME TAX)ORIGINAL SIDE ITAT/69/2024IA NO: GA/1/2024, GA/2/2024PRINCIPAL COMMISSIONER OFINCOME TAX 2, KOLKATAVSM/S LUXMI TOWNSHIP AND HOLDINGLTDTILAK MITRA BEFORE :THE HON’BLE THE CHIEF JUSTICE T.S. SIVAGNANAM ANDTHE HON’BLE JUSTICE HIRANMAY BHATTACHARYYADATE : 15 MARCH, 2024. Appearance :Mr. Tilak Mitra, Adv.…for appellantMr. Soumitra Chowdhury, Adv.Mr. Avra Mazumder, Adv.Mr. Samrat Das, Adv...for respondents. The Court :- We have heard learned Counsel on either side. There is a delay of 1501 days in filing the appeal. The order passed by thelearned Tribunal impugned in this appeal is dated 9.8.2019, certified copy of whichwas received by the department on 2.9.2019 but the appeal has been presented beforethis Court only on 9.2.2024. The affidavit filed in support of the condone delayapplication does not set out any acceptable reasons nor there is sufficient causeshown for the inordinate delay in filing the appeal. The learned Advocate appearing forthe respondent/assessee also pointed out that the Tribunal has carefully consideredthe factual position and has clearly pointed out that in the assessment proceedingsthe assessing officer issued notice under Section 142(1) of the Act and details werecalled for and the assessee had furnished a detailed write up with regard to the nature of receivables and liquidated damages and the assessing officer has not drawn anyadverse inference with regard to the said query while completing the assessmentunder Section 143(3)of the Act dated 21.12.2016. Therefore, it is submitted that thelearned Tribunal was right in holding that the Principal Commissioner of Income Taxcould not have exercised his jurisdiction under Section 263 of the Act. Thus, we findon the merits also the revenue does not have a case to sustain. Thus, for the above reasons, the application for condonation of delay isdismissed. Thus, the appeal stands rejected. . ( T.S. SIVAGNANAM)CHIEF JUSTICE pkd/GH. ( HIRANMAY BHATTACHARYYA,J.)