Rupa & Co. Ltd vs Commissioner Of Income Tax ...
2022 Latest Caselaw 613 Cal/2

OD - 16

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

                            ITA/28/2005

                    RUPA & CO. LTD
                          VS.
     COMMISSIONER OF INCOME TAX (CENTRAL) I, KOLKATA


BEFORE :
THE HON'BLE JUSTICE T.S. SIVAGNANAM

AND THE 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 senior

counsel on behalf of Mr. Nilay Sengupta, learned counsel on record for

the appellant.

The counsel on record is not appearing either in person or

through video conference. The learned senior counsel submits that the

appeal has already been disposed of by judgment dated 19th May,

2011 of Hon'ble Division Bench comprising of Bhaskar Bhattacharya

and Sambuddha Chakrabarti, JJ (as their Lordships then were). We

find that the same submission was made before this Court when the

appeal was listed on 25.09.2019. There was a direction issued by the

Division Bench that the appeal should be deleted from the list and the

record should be corrected accordingly. However, the department has

ignored 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 the

docket of this Court. This order should be scrupulously complied

with and similar order passed in other matters shall also be complied

without default.

(T. S. SIVAGNANAM, J.)

(HIRANMAY BHATTACHARYYA, J.)

RS/GH