Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

17-Month Delay in Deciding Income Tax Appeal Violates Natural Justice: Calcutta HC

Case Law Details

TaxGuru Citation
2026 taxguru.in 7492
Case Name
Janhavi Promoters Private Limited Vs DCIT (Calcutta High Court)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2015-16
Advertisement

Janhavi Promoters Private Limited Vs DCIT (Calcutta High Court)

The Calcutta High Court considered a writ petition challenging the inaction of the income tax appellate authority in complying with a Tribunal direction dated 21.01.2025. The Tribunal had restored the matter to the Commissioner of Income Tax (Appeals) with a direction to pass a speaking order for Assessment Year 2015-16 after noting that no appellate order had been passed despite repeated opportunities given to the department to provide information.

The petitioner subsequently filed an application dated 30.04.2025 seeking early disposal of the appeal, but the appeal remained pending even after being transferred to another appellate authority. The petitioner contended that the Tribunal’s direction had remained uncomplied with for over 17 months. The respondents did not object to the request for early disposal.

The High Court held that the failure to comply with the Tribunal’s binding direction for over 17 months amounted to non-compliance of a judicial order. It observed that an assessee cannot be left remediless due to administrative inaction and that such delay violates the principles of natural justice and the right to speedy justice under Article 14 of the Constitution. The Court directed the appellate authority to decide the application for early disposal within six weeks by passing a reasoned order after hearing the petitioner and to communicate the decision within one week thereafter.

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 20,835

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.