Principal Commissioner Of Income Tax ... vs M/S Ramkrishna Forging Ltd
2024 Latest Caselaw 2758 Cal/2

Calcutta High Court

Principal Commissioner Of Income Tax ... vs M/S Ramkrishna Forging Ltd on 30 August, 2024

Author: Hiranmay Bhattacharyya

Bench: T.S Sivagnanam, Hiranmay Bhattacharyya

od 20

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

                             RVWO/32/2024
                      IA NO: GA/1/2024, GA/2/2024
        PRINCIPAL COMMISSIONER OF INCOME TAX CENTRL-1, KOLKATA
                                  VS
                     M/S RAMKRISHNA FORGING LTD.


BEFORE :
THE HON'BLE THE CHIEF JUSTICE T.S SIVAGNANAM
              -A N D-
HON'BLE JUSTICE HIRANMAY BHATTACHARYYA
DATE : 30th August, 2024.

                                                                                Appearance :
                                                                        Mr. Tilak Mitra, Adv.
                                                                              ...for appellant
                                                                       Mr. S.M. Surana, Adv.
                                                                    Mrs. Swapna Das, Adv.
                                                                   Mr. Siddhartha Das, Adv.
                                                                            ...for respondent

The Court :- We have heard Mr. Tilak Mitra, learned standing Counsel

appearing on behalf of the appellant and Mr. S.M. Surana, learned Advocate appearing

for the respondent.

It appears that there is a delay of 500 days in filing the review application.

Though no acceptable explanations offered by the department yet we are of the view

that the matter can be considered on merits and, therefore, exercise discretion and

condone the delay in filing the review application. Accordingly, the delay in filing the

review application is condoned.

This application has been filed by the revenue seeking review of the judgment

and order dated 8th February, 2023 in ITAT 258 of 2022. By this order the appeal filed

by the department was dismissed and the substantial question of law was answered

against the revenue. The learned Advocate appearing for the appellant department

would submit that substantial question of law no. 5, which was raised in the appeal

was not considered by this Court. We find from the order impugned in this review

application that such question was considered by this Court as substantial question

no. 3, as could be seen from the order dated 8th February, 2023. That apart the

learned Tribunal had relied upon a decision rendered in the case of an assessee called

M/s. Xpro India Ltd. in ITA No. 214/Kol/2011 dated 23rd March, 2016.

The said decision of the Tribunal was referred to in the impugned order for

accepting the plea of the present assessee.

The revenue filed an appeal as against the decision in the case of M/s. Xpro

India Ltd. before this Court in ITAT/156/2018 and by judgement dated 21 st June,

2024 the appeal was dismissed. Thus we find that no grounds have been made out by

the appellant/Tribunal to review the judgement and order. Accordingly, the appeal is

dismissed.

(T.S. SIVAGNANAM) CHIEF JUSTICE

(HIRANMAY BHATTACHARYYA, J.)

pkd/GH.