COMMISSIONER OF INCOME TAX-IV vs. GE COUNTRYWIDE CONSUMER FINANCIAL SERVICE LTD(NOW GE MONEY FINANCIAL SERVICE LTD)

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ITA/50/2016HC DelhiDLHC01660812201529 January 2016Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU3 pages
AI SummaryDismissed

What did the High Court hold?

The Court found the reasons for the delay unconvincing and noted that sufficient notice and arrangements were made. The Court also found no substantial question of law arising on merits.

What were the facts?

The appeal was filed with an inordinate delay of 865 days. The Department cited budgetary constraints and practice directions regarding soft copies as reasons for the delay.

What were the issues?

Whether the delay in re-filing the appeal is justifiable and if there is any substantial question of law arising from the ITAT's order.

AI-generated summary — verify with the full judgment below

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ITA No. 50/2016

Page 1 of 3

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 3. +

ITA 50/2016

COMMISSIONER OF INCOME TAX-IV ..... Appellant Through: Mr. Rahul Chaudhary, Senior Standing counsel.

versus

GE COUNTRYWIDE CONSUMER FINANCIAL SERVICE LTD. (NOW GE MONEY FINANCIAL SERVICE LTD.) ..... Respondent Through: Mr. Sachit Jolly, Advocate.

CORAM: JUSTICE S. MURALIDHAR JUSTICE VIBHU BAKHRU

O R D E R %

29.01.2016

CM No. 964/2016 (for condonation of delay of 865 days in re-filing the appeal) & ITA No. 50/2016

1.

There is an inordinate delay of 865 days in re-filing the appeal.

2.

The Court finds that the standard excuse that the department is putting forth in all such applications for condonation of delay in re-filing the appeal is two-fold. The first is regarding the budgetary constraints of the Department which delayed payment of the differential court fees as a result of the Court Fees Delhi Amendment Act, 2012 which came into force on 1st August 2012. The second is regarding the practice directions issued by the Court pertaining to filing of soft copies of the paperbooks in tax matters.

ITA No. 50/2016

Page 2 of 3

3.

The first ground is entirely unconvincing. Much prior to the initial filing of the appeal, the Court Fees Act applicable to Delhi stood amended. As regards the second ground, again sufficient advance notice had been given to the litigants and Advocates about the filing of soft copies of the paperbooks. Further, the Registry of the Court had made appropriate arrangements for scanning services at the filing counters to facilitate the making of soft copies so that the inconvenience if any caused to the Advocates and the litigants is minimised. In any event the change could not have entailed a delay of more than two years.

4.

It is not possible to accept that no one followed up on the filing of appeals and allowed a period of more than two years to elapse before the appeal could be re-filed. The Department has a cell in the High Court which is under the supervision of a Deputy CIT. He ought to be keeping track of the filing of appeals and should be able to know if any appeal entrusted to the panel counsel for filing has not been listed even once before the Court for a long time.

5.

Nevertheless the case has been examined on merits as well.

6.

In the impugned order of the ITAT, a reference has been made to an earlier decision in the case of a group company of the Assessee in ITA No. 3198/Del/04 for Assessment Year (‘AY’) 1999-2000. That decision of the ITAT in turn follows the decision of this Court in Commissioner of Income Tax v. Vasisth Chay Vyapar Ltd. [2011] 330 ITR 440 (Del).

ITA No. 50/2016

Page 3 of 3

7.

Consequently even on merits the Court finds no substantial question of law which arises for determination.

8.

The appeal is dismissed both on grounds of the delay of 865 days in re- filing the appeal as well as on merits.

S. MURALIDHAR, J

VIBHU BAKHRU, J JANUARY 29, 2016 dn

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