PCIT Vs Peerless General Finance And Investment Co. Ltd (Calcutta High Court)
In the case of PCIT vs. Peerless General Finance and Investment Co. Ltd., the Calcutta High Court dismissed an appeal filed by the Income Tax Department due to an unexplained delay of 1923 days. The court reviewed the affidavit provided in support of the condonation petition and found it lacking any substantial reason for the delay. The Tribunal’s order was dated September 7, 2019, and the appeal was filed on May 16, 2024, long after the limitation period had expired. The court expressed concern over the lack of diligence in filing the appeal, especially in high-revenue matters. It highlighted that while the court has previously exercised discretion in favor of the department, such leniency cannot be extended without proper justification. The court also emphasized the need for the Income Tax Department to implement procedures ensuring timely appeals. Additionally, the Principal Chief Commissioner of Income Tax for West Bengal and Sikkim was directed to investigate the cause of the delay and ensure accountability. The appeal was dismissed, and the substantial questions of law were left unresolved due to the inordinate delay. Also Read: SC explains Principals of Condonation of delay, Application for Condonation of Delay in Filing of Appeal and CIT(A) Can Condone 2929-Day Delay in Filing Appeal if Genuine Reasons exist
