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Calcutta High Court

Principal Commissioner Of Income Tax vs M/S Eih Ltd on 24 November, 2022

Author: T.S. Sivagnanam

Bench: T.S. Sivagnanam, Hiranmay Bhattacharyya

OD -13


                            IN THE HIGH COURT AT CALCUTTA
                           SPECIAL JURISDICTION (INCOME-TAX)
                                     ORIGINAL SIDE

                                    ITAT/230/2022
                             IA NO:GA/1/2022, GA/2/2022
                  PRINCIPAL COMMISSIONER OF INCOME TAX 1, KOLKATA
                                        Versus
                                     M/S EIH LTD.


BEFORE :
THE HON'BLE JUSTICE T.S. SIVAGNANAM
            And
THE HON'BLE JUSTICE HIRANMAY BHATTACHARYYA
Dated : NOVEMBER 24, 2022.

                                                                                  Appearance:
                                                               Mr. Soumen Bhattacharjee, Adv.
                                                                                ..for appellant
                                                                    Mr. Asim Chowdhury, Adv.
                                                                          Mr. Sohom Sen, Adv.
                                                                              ...for respondent

The Court :- Heard learned Counsel for the respective parties. There is a delay of 1263 days in filing the appeal. We have perused the affidavit filed in support of the petition and we are satisfied that sufficient cause has been shown for not preferring the appeal within the period of limitation. That apart the effect of the amendment of Section 271AA has to be considered in this case, which is framed as substantial question of law in this appeal.

Therefore, we exercise discretion and condone the delay in filing the appeal. The petition is allowed. Liberty is granted to the appellant to amend the grounds of appeal as well as substantial questions of law.

List this appeal on 5th December, 2022 for admission.

(T.S. SIVAGNANAM, J.) (HIRANMAY BHATTACHARYYA, J.) Pkd/GH.