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December 2008

HC dismisses IT Dept. appeals due to delay

By Raman Jokhakar, Tarunkumar Singhal, Chartered Accountants
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17. HC dismisses IT Dept. appeals due to delay


The Bombay High Court recently dismissed 40 appeals filed by
the Income-tax (IT) Department challenging 40 orders of the IT Tribunal, for not
filing its papers in time. The IT Department cited shortage of stamp papers as
reason for the delay. The Court dismissed the applications which were filed
after a delay of over one year.

The Court, however, held that a delay of one year in filing
an appeal was not inordinate in case of a department like IT that undertakes
‘large-scale litigation.’

The Court however allowed those applications seeking
condonation of delay between six days to 345 days, on the ground that they
provided a ‘reasonable explanation’ for the delay in filing appeal.

IT Department contended that every time the Department
receives an order from the IT Tribunal, a scrutiny report is prepared and sent
to the higher officials for approval.

(Source : Internet, 7-10-2008)

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