Principal Commissioner Of Income Tax-13, Kolkata v. Ravi Kumar Daga (Huf
High Court
26 Jun 2023 In favour of: Assessee
Forum / Bench
High Court · calcutta_original_side
Parties
Principal Commissioner Of Income Tax-13, Kolkata v. Ravi Kumar Daga (Huf
Date of order
26 Jun 2023
Assessment year(s)
—
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In Principal Commissioner Of Income Tax-13, Kolkata v. Ravi Kumar Daga (Huf, the High Court (2023) dismissed the appeal. The decision went in favour of the assessee.
Decision: Consequently, the applications are dismissed and the appeal stands rejected.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
OD – 4
IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax]
ORIGINAL SIDE
ITAT/122/2023
IA NO.GA/1/2023, GA/2/2023
PRINCIPAL COMMISSIONER OF INCOME TAX-13, KOLKATA
-Versus-
RAVI KUMAR DAGA (HUF)
BEFORE : THE HON’BLE CHIEF JUSTICE T.S. SIVAGNANAM And THE HON’BLE JUSTICE AJAY KUMAR GUPTA Date : 26[th] June, 2023
Appearance :Mr.Soumen Bhattacharjee, Adv., for the appellant.
The Court : This appeal by the revenue has been filed beyond the period of limitation.
There is a delay of 1265 days in filing the appeal.
We have heard Mr. Soumen Bhattacharjee, leaned standing counsel for the appellant.
On perusal of the affidavits filed in support of the condone delay petition, we find that sufficient cause has not been shown for not preferring the appeal within the period of limitation. Further, we note that decision pursue this appeal was taken much after the decision of this Court in PCIT-5 SWATI BAJAJ 2022
SCC ONLINE CAL 1572.Thus, we are not persuaded to exercise any discretion in favour of the appellant/revenue.
Consequently, the applications are dismissed and the appeal stands rejected.
(T.S. SIVAGNANAM) CHIEF JUSTICE
S.Das/
(AJAY KUMAR GUPTA, J.)
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