Case Law Details
CIT Vs L.G. Electronics Inc. Korea (Delhi High Court)
The case of CIT Vs L.G. Electronics Inc. Korea involves the Indian tax authorities (CIT) and the Korean company, L.G. Electronics. The key concern of the appeal was the delay in re-filing the appeal by the appellant and the argument about the maintainability of the appeal against the Tribunal’s order. This order was initially passed to stay the recovery of outstanding demands for the Assessment Years (AY) 2015-16, 2016-17 and 2017-18.
Analysis
The appellant sought the condonation of a 60-day delay in re-filing the appeal. The respondent, represented by Mr. Deepak Chopra, did not oppose the plea, leading the court to condone the delay. However, a primary objection was raised concerning the appeal’s maintainability under Section 260A of the Income Tax Act, 1961. The respondent argued that the appellant should have filed a petition under Article 226 of the Constitution if aggrieved.
This objection was supported by citing a previous court decision (Lachman Dass Bhatia Vs. Assistant Commissioner of Income Tax). Although the Full Bench in the previous case concluded that no appeal would lie, it allowed conversion of the appeals into writ actions, given the right application is filed.
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