Principal Commissioner Of Income Tax 1 Kolkata v. M/S Tcg Urban Infrastructure Holdings Pvt Ltd

OD-10

IN THE HIGH COURT AT CALCUTTA

SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE ITAT/73/2024 IA No: GA/1/2024, GA/2/2024 PRINCIPAL COMMISSIONER OF INCOME TAX - 1, KOLKATA VS.

M/S. TCG URBAN INFRASTRUCTURE HOLDINGS PVT. LTD. BEFORE :

THE HON'BLE THE CHIEF JUSTICE T.S. SIVAGNANAM And THE HON'BLE JUSTICE SUPRATIM BHATTACHARYA Date : 11th March, 2024 Appearance :

Mr. Tilak Mitra, Adv.

Mr. Prithu Dudhoria, Adv.

...for appellant Mr. Pratyush Jhunjhunwalla, Adv.

Ms. Sretapa Sinha, Adv.

...for respondent The Court : We have heard Mr. Tilak Mitra, learned standing Counsel appearing with Mr. Prithu Dudhoria, learned Advocate for the appellant department and Mr. Pratyush Jhunjhunwalla, learned Counsel for the respondent assessee.

There is a delay of 713 days in filing the appeal. We have perused the affidavit filed in support of the petition and we find there is no acceptable explanation for the inordinate delay. At the request of the learned Advocates for the parties, we have also examined the facts of the case and the findings rendered by the learned Tribunal.

We have examined the order passed by the learned Tribunal and we find that the entire issue is completely factual. The facts as brought on record by the Commissioner of Income Tax (Appeals) were reconsidered by the Tribunal and the same were affirmed. Apart from that the Tribunal has taken note of the decisions of various High Courts which clearly support the case of the assessee. Thus, we are not persuaded to exercise any discretion in favour of the appellant revenue. Accordingly, the application for condonation of delay is dismissed. Consequently, the appeal stands rejected. (T.S. SIVAGNANAM) CHIEF JUSTICE (SUPRATIM BHATTACHARYA, J.) SN.

AR(CR)