M/S SEG GLOBAL MANUFACTURING PVT. LTD. (FORMERLY KNOWN AS SABA LEATHERS PVT. LTD.),KOLKATA vs. I.T.O.,WARD-1(3), KOLKATA

For this proposition to levy costs, while condoning the actions of the For this proposition to levy costs, while condoning the actions of the For this proposition to levy costs, while condoning the actions of the assessee as reasonable, we rely on the decision of the Hon’ble Bombay High Court assessee as reasonable, we rely on the decision of the Hon’ble Bombay High Court assessee as reasonable, we rely on the decision of the Hon’ble Bombay High Court in the case of Vijay Vishin Meghani vs. The Deputy Commissioner of Income Tax Circle in ITA No. 493 of 2015 & 508 of 2015, dt. September 19, 2017, 015 & 508 of 2015, dt. September 19, 2017, wherein at para wherein at para 11, it has been held as follows: 11, it has been held as follows:- “11. We do not find that any of these decided cases have any application to “11. We do not find that any of these decided cases have any application to “11. We do not find that any of these decided cases have any application to the facts before us. We have imposed the costs not because the appellant the facts before us. We have imposed the costs not because the appellant the facts before us. We have imposed the costs not because the appellant was not acting bona fide but finding that even after the legal advice was bona fide but finding that even after the legal advice was bona fide but finding that even after the legal advice was obtained, the matter was decided in favour of the assessee, there was time obtained, the matter was decided in favour of the assessee, there was time obtained, the matter was decided in favour of the assessee, there was time which was consumed and in all this delay of 2984 days occurred. While which was consumed and in all this delay of 2984 days occurred. While which was consumed and in all this delay of 2984 days occurred. While condoning such delay, it is permissible for court, condoning such delay, it is permissible for court, in its discretion, to impose in its discretion, to impose costs. Eventually, the rights and equities have to be balanced. To render costs. Eventually, the rights and equities have to be balanced. To render costs. Eventually, the rights and equities have to be balanced. To render substantial justice and not to enrich the Revenue that the costs have been substantial justice and not to enrich the Revenue that the costs have been substantial justice and not to enrich the Revenue that the costs have been imposed. It is not, therefore, a case where the State has been allowed to imposed. It is not, therefore, a case where the State has been allowed to imposed. It is not, therefore, a case where the State has been allowed to retain any benefit or has been benefited by any directions. It is the Court in any benefit or has been benefited by any directions. It is the Court in any benefit or has been benefited by any directions. It is the Court which in its discretion has imposed this condition. We do not find any basis which in its discretion has imposed this condition. We do not find any basis which in its discretion has imposed this condition. We do not find any basis to alter it. The request in that behalf is refused.” to alter it. The request in that behalf is refused.”

In the result, appeal of the assessee In the result, appeal of the assessee is allowed for statistical purposes as is allowed for statistical purposes as directed above. Kolkata, the Kolkata, the 10th day of January, 2020. [J. Sudhakar Reddy] Accountant Member Member Dated : 10.01.2020 {SC SPS}