Appeal against order of ITAT by providing 100% deduction u/s 80IC of IT Act : HP HC dismisses application for condone 224 days delay [Read Order]

In a recent case, the Himachal Pradesh High Court while observing the appeal against the order of Income Tax Appellate Tribunal  by providing the 100% deduction under Section 80IC of Income Tax Act, 1961 dismissed the application for condone delay of 224 day delay.

The facts of the case is that the assessing officer initially passed an order under Section 143(3) of the Income Tax Act, 1961 and assessed the income of respondent -assessee at Rs.4,40,99,840.

By challenging the order, the respondent filed an appeal which was partly allowed by the Commissioner of Income Tax (Appeals). Accordingly the respondent assessee filed another appeal before the ITAT.  The said appeal was allowed on 06.12.2018 and deduction under Section 80IC was granted to the assessee at Rs.6,79,25,673/-

Questioning the said order, the Petitioner/department filed Income Tax Appeal before this Court. Thereafter  Income Tax Appellate Tribunal then recalled its order dt. 06.12.2018 on 11.10.2019 and granted 100% deduction under Section 80IC in respect of Unit-III of the respondent.

Accordingly this  order, which is sought to be challenged in the current appeal .While filing the appeal the petitioner filed a petition for condone the delay

Counsel for petitioner submitted that the appeal has to be treated as one within time from 28.06.2022, when Income Tax Appeal no.10/2019 was disposed of as infructuous by this Court. It is also contended that the delay is neither willful or intentional.

The bench observed that Income Tax Appeal no.10/2019 had no doubt become infructuous in view of modification of the order challenged therein (dt. 06.12.2018) by the Income Tax Appellate Tribunal by passing a fresh order on 11.10.2019.

Further in the instant case, the limitation having expired prior to 15.03.2020 on 08.02.2020 itself, the applicant cannot get the benefit of the said period of 90 days on 28.02.2022.

Admittedly, the instant appeal has been preferred on 12.10.2022, 224 days after 28.02.2022. No valid explanation for this period of delay is mentioned in the application.

After analyzing the facts and arguments of both parties, a division bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja dismissed the application for condone delay of 224 day delay.

Mr. Neeraj Sharma and Mr. Ishaan Kashyap, Advocates appeared for the petitioner and Mr. Vishal Mohan Sr. Advocate with Mr. Sushant Keprate, Mr. Aditya Sood, Mr. Praveen Sharma, Advocates appeared for the respondent.

To Read the full text of the Order CLICK HERE

Support our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates