Calcutta High Court
Principal Commissioner Of Income Tax-3 vs M/S. Apeejay Shipping Limited on 30 July, 2018
Author: Aniruddha Bose
Bench: Aniruddha Bose
ORDER SHEET
ITAT NO.59 OF 2017
GA NO.610 OF 2017
IN THE HIGH COURT AT CALCUTTA
SPECIAL JURISDICTION(INCOME-TAX)
ORIGINAL SIDE
PRINCIPAL COMMISSIONER OF INCOME TAX-3, KOLKATA
Versus
M/S. APEEJAY SHIPPING LIMITED
BEFORE:
The Hon'ble JUSTICE ANIRUDDHA BOSE
The Hon'ble JUSTICE AMITABHA CHATTERJEE
Date : 30th July, 2018.
MR.R.N.BANDOPADHYAY, MRS.SMITA DAS DE, ADVOCATES FOR APPELLANT
MR.AVRA MAZUMDER,ADVOCATE FOR RESPONDENT
The Court : We admit the appeal on the following point, which, in our opinion, involves substantial question of law.
"Whether the extended period of completion of assessment as contemplated in Section 153(3) of the Income Tax Act, 1961 shall apply in a case where the original assessment is invalidated in exercise of power under Section 254 of the 1961 Act with a direction for considering the issue afresh ?"2
There is a stay petition registered as G.A.No.610 of 2017 of 2017. We propose to hear out the appeal itself and we do not find any reason to address this stay petition independently. The stay petition shall stand disposed of.
We are apprised by the learned counsel for the parties, however, that the stay petition contains all the material necessary for adjudication of this appeal. As such we shall treat the stay petition itself as paper book. We dispense with the requirement of filing paper books.
Mr.Mazumder, learned counsel, appearing for the respondent waives service of notice of appeal. All other formalities for making the appeal ready are shall stand dispensed with. Let the appeal be listed in the monthly list of September 2018.
(ANIRUDDHA BOSE, J.) (AMITABHA CHATTERJEE, J.) sb.