PRINCIPAL COMMISSIONER OF INCOME TAX Vs. SOORAJMUL NAGARMULL

JUDGEMENT

(1.) There is a delay of 627 days in filing this appeal and the revenue has filed GA 01 of 2020 to condone the delay. The respondent assessees have filed their affidavit-in-opposition objecting to the prayer for condonation. Reply affidavit has been filed by appellant revenue to the averments set out in the affidavit-in-opposition. After elaborately hearing the learned Advocates for the parties and carefully perusing the averments set out in the affidavits, we find that the explanation offered by the appellant revenue for not preferring the appeal within the period of limitation is not satisfactory. It would have been well open to us to dismiss the appeal as time barred. However being conscious of the fact that the appeal has been filed under Sec. 260A of the Income Tax, Act, 1961 (Act), wherein the Court has to consider as to whether any substantial question of law arises for consideration, we are of the view that in the facts and circumstances of the case, it may not augur well to reject the appeal on a technical ground especially when the statute stipulates that the requirement is to consider whether any substantial question of law arises for consideration in this appeal.

(2.) Hence for such reasons, we exercise discretion and accordingly condoned the delay in filing the appeal. GA No. 01 of 2020 is allowed.

(3.) This appeal filed by the revenue under Sec. 260A of the Act is directed against the order passed by the Income Tax Appellate Tribunal "B" Bench Kolkata (Tribunal), dtd. 20/7/2018 in ITA No. 1907/Kol/2016 for the assessment year 2001-2002.