Rupa & Co. Ltd v. Commissioner Of Income Tax (Central) I, Kolkata

IN THE HIGH COURT AT CALCUTTASPECIAL JURISDICTION (INCOME TAX)ORIGINAL SIDE ITA/28/2005 RUPA & CO. LTDVS.COMMISSIONER OF INCOME TAX (CENTRAL) I, KOLKATA BEFORE : THE HON’BLE JUSTICE T.S. SIVAGNANAM A N DTHE HON’BLE JUSTICE HIRANMAY BHATTACHARYYA Date : February 22, 2022. [Via Video Conference] Appearance :Mr. J.P. Khaitan, Sr. Adv.… for the appellant The Court : We have heard Mr. J.P. Khaitan, learned seniorcounsel on behalf of Mr. Nilay Sengupta, learned counsel on record forthe appellant. The counsel on record is not appearing either in person orthrough video conference. The learned senior counsel submits that theappeal has already been disposed of by judgment dated 19[th] May,2011 of Hon’ble Division Bench comprising of Bhaskar Bhattacharyaand Sambuddha Chakrabarti, JJ (as their Lordships then were). Wefind that the same submission was made before this Court when theappeal was listed on 25.09.2019. There was a direction issued by theDivision Bench that the appeal should be deleted from the list and the record should be corrected accordingly. However, the department hasignored the direction passed by the Court on 25.09.2019. As a last chance, we direct the Registrar, O.S. and the Registrar,I.T. to ensure that this appeal should not be shown as pending in thedocket of this Court. This order should be scrupulously compliedwith and similar order passed in other matters shall also be compliedwithout default. (T. S. SIVAGNANAM, J.) (HIRANMAY BHATTACHARYYA, J.) RS/GH