The Commissioner of Income Tax vs. M/s. K.C.P Limited

IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.41 of 2017 ----- Dr. Rabindra Kumar Singh @ Ravindra Kumar Singh

… … Petitioner Versus Commissioner of Income Tax (Central), Patna and Another

… … Opp. Parties With C.M.P. No.42 of 2017 ----- Dr. Rabindra Kumar Singh @ Rabindra Kumar Singh

… … Petitioner Versus Commissioner of Income Tax (Central), Patna and Another

… … Opp. Parties With C.M.P. No.43 of 2017 ----- Dr. Rabindra Kumar Singh @ Ravindra Kumar Singh

… … Petitioner Versus Commissioner of Income Tax (Central), Patna and Another

… … Opp. Parties ------- CORAM:HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE ARUN KUMAR RAI ------- For the Petitioner : Mr. Deepak Kumar Sinha, Advocate

Mr. Piyush Poddar, Advocate For the Income Tax : Mr. Anurag Vijay, Advocate For the UOI

: Mr. Abhijeet Kr. Singh, Advocate ------

Order No. 09/Dated 12th March, 2024

I.A. No. 1022 of 2017 in CMP No.41/2017, I.A. No. 1023 of 2017 in CMP No.42/2017 & I.A. No. 1038 of 2017 in CMP No.43/2017 1. These interlocutory applications have been preferred under Section 5 of the Limitation Act for condoning the delay of 266 days in each case in all the aforesaid Civil Miscellaneous Petitions, therefore, this Court is of the view that before entering into the merit of the main petition,

consideration is to be given with respect to the delay condonation applications. 2. The instant interlocutory applications have been filed in the year 2017 itself but no objection has been filed so far as the condonation applications are concerned. However, the oral objection has been made. 3. Heard the parties. 4. This Court, taking into consideration the averment made in the interlocutory applications, is of the view that the reason shown for condoning the delay is sufficient for the purpose of entering into the merit of the instant Civil Miscellaneous Petitions. As such, the delay of 266 days in preferring the instant Civil Miscellaneous Petitions is hereby condoned. 5. Accordingly, I.A. No. 1022 of 2017 filed in CMP No.41/2017, I.A. No. 1023 of 2017 filed in CMP No.42/2017 and I.A. No. 1038 of 2017 filed in CMP No.43/2017 stand allowed. C.M.P. No.41 of 2017, C.M.P. No.42 of 2017 & C.M.P. No.43 of 2017

Miscellaneous Petitions by which the aforementioned Tax Appeals were directed to be restored subject to removal of defects within a period of four weeks. 7. The reason assigned in these Civil Miscellaneous Petitions is that the petitioner is a senior citizen aged about 67 years and is suffering from Anxiety Depression and panic attacks from last few years and was under regular treatment at Christian Medical College Hospital, Vellore. It has been mentioned that for better treatment the petitioner went to Vellore in the month of April 2016 and returned after July, 2016 and in that circumstances it was not possible for the petitioners’ counsel to remove the defects as pointed out by the office. 8. It has further been stated that there were no deliberate fault or laches on the part of the counsel or on the part of the petitioner and it was due to unavoidable circumstances which were beyond his control. 9. It has been submitted that the Civil Miscellaneous Petitions have been filed for restoration of Tax Appeal No.62 of 2010, Tax Appeal No.61 of 2010 and Tax Appeal No.60 of 2010 and if the same will not be restored, the petitioner will suffer irreparable loss and injury. 10. Mr. Anurag Vijay, learned counsel appearing for the opposite party-Income Tax Department, is having no objection if the restoration applications will be allowed.

(Sujit Narayan Prasad, J.)

(Arun Kumar Rai, J.) Birendra/