Calcutta High Court
Principal Comm Of Income Tax vs M/S. Bhagirath Agarwal on 15 July, 2019
Author: I. P. Mukerji
Bench: I. P. Mukerji, Md. Nizamuddin
OD - 6
ORDER SHEET
ITAT 195 of 2017
GA 1719 of 2017
GA 1720 of 2017
IN THE HIGH COURT AT CALCUTTA
Special Jurisdiction (Income Tax)
ORIGINAL SIDE
PRINCIPAL COMM OF INCOME TAX, KOLKATA - 3, KOLKATA
Versus
M/S. BHAGIRATH AGARWAL
BEFORE:
The Hon'ble JUSTICE I. P. MUKERJI
The Hon'ble JUSTICE MD. NIZAMUDDIN
Date : 15th July, 2019.
For Appellant : Ms. S. Biswas, Adv.
Mr. M. Jana, Adv.
For Respondent : Mr. G. S. Gupta, Adv.
Mr. S. Das, Adv. RE: GA No. 1719 of 2017 :
The Court : Sufficient cause is shown. The delay of 180 days in filing the appeal is condoned. The department is directed to register the appeal immediately.
GA No. 1719 of 2017 is allowed.
RE: ITAT No.195 of 2017 and GA No. 1720 of 2017:
This appeal under Section 260A of the Income Tax Act, 1961 is admitted on the following substantial question of law :
i. Whether the impugned order of the tribunal dated 17th May, 2016 is perverse in not considering the issue of slump sale as defined in Section 2(42C) of the Income Tax, 1961 read with Section 50B of the said Act and all legal questions arising therefrom ?
Since the respondent is represented by learned Counsel, service and issuance of notice of the appeal are dispensed with. Learned advocate-on-record for the appellant is directed to file informal paper books by 16th August, 2019, serving a copy thereof upon the advocate-on-record for the respondent not later than seven days before the date of hearing of the appeal. All other formalities are dispensed with.
List this appeal (ITAT No. 195 of 2017) on 28th August, 2019. 2 The stay application (GA No. 1720 of 2017) is, accordingly, disposed of.
(I. P. MUKERJI, J.) (MD. NIZAMUDDIN, J.) A Dey