PCIT Vs Tanuj Properties Private limited (Calcutta High Court)
The case of Principal Commissioner of Income Tax 1, Kolkata Vs. Tanuj Properties Private Limited before the Calcutta High Court involved an appeal by the Income Tax Department against a Tribunal order. The department challenged the quashing of a reassessment for the assessment year 2012-13. The appeal was based on a delay in filing, which the department sought to have condoned. Simultaneously, the respondent, Tanuj Properties Private Limited, filed an application seeking permission to use the Direct Tax Vivad se Viswas Scheme, 2024, to resolve the tax dispute.
The court first addressed the department’s delay in filing the appeal. It acknowledged the department’s request to condone the delay and, finding sufficient cause, granted the application. By condoning the delay, the court effectively treated the appeal as if it were filed within the period of limitation, on July 31, 2024.
With the appeal now considered to be filed on time, the court turned to the assessee’s application to avail the Direct Tax Vivad se Viswas Scheme. The court noted that because the scheme was announced on July 23, 2024, before the new deemed filing date of the appeal, the assessee was eligible to participate. The court also observed that the assessee’s request was for permission to file the necessary forms physically, as opposed to electronically.
