BLUEVIEW TRADEVIN PVT. LTD.,KOLKATA V. I.T.O., WARD - 6(1), KOLKATA, KOLKATA

ITA 1717/KOL/2024

AI Insights

The case involves Blueview Tradevin Pvt. Ltd., which filed an appeal against the order of the Commissioner of Income Tax (Appeals)-23, Kolkata, concerning the assessment year 2012-13. The appeal was dismissed by the Income Tax Appellate Tribunal, Kolkata, due to significant procedural defects, including the appeal being filed well beyond the permissible time limit and lacking necessary documentation to justify the delay. The tribunal noted that despite several adjournments and opportunities to correct these defects, the appellant failed to comply, leading to the dismissal of the appeal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 33033 (ITAT-KOLKATA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-03-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANINDYA KUMAR BANDOPADHYAY
• Keywords: Condonation of delay
• Section: 250

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, KOLKATA BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI SANAJY AWASTHI, ACCOUNTANT MEMBER ITA No. 1717/Kol/2024 Assessment Year: 2012-13 Blueview Tradevin Pvt. Ltd. 12A, N. S. Road, 5th Floor, Kolkata-700001. (PAN: AAECB8239K) Vs ITO, Technical-2, Kolkata (Appellant) (Respondent) Present for: Appellant by : None (Adjournment application filed) Respondent by : Shri Anindya Kumar Bandopadhyay, Addl. CIT, Sr. DR Date of Hearing : 26.03.2025 Date of Pronouncement : 26.03.2025 O R D E R Per Bench : This is an appeal filed by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals)-23, Kolkata [hereinafter referred to as “the Ld. CIT(A)”] vide Appeal No. 121/CIT(A)-23/Tech-2/16-17 dated 04.04.2017 passed u/s. 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AY 2012-13. 2. None appeared on behalf of the assessee (adjournment application has been filed) and Shri Anindya Kumar Bandopadhyay, Addl. CIT, Sr. DR appeared on behalf of the revenue. 3. An application for adjournment dated 24.03.2025 has been placed on file mentioning the following grounds: 2 ITA No.1717/Kol/2024 Blueview Tradevin Pvt. Ltd. AY: 2012-13 4. A perusal of the said application shows that the appeal is time barred by 2628 days. No condonation of delay petition has been filed. It was mentioned here that the Ld. CIT(A) has passed the order on 04.04.2017. The assessee has filed his appeal on 13.08.2024. Defect notice has been issued to the assessee mentioning that the appeal is time barred by 2628 days. We find that Column No. 6 is also wrongly filled. Also, condonation 3 ITA No.1717/Kol/2024 Blueview Tradevin Pvt. Ltd. AY: 2012-13 petition for delay is not filed. Furthermore, the date of service or communication of order in column 3 (c) is not correctly filled in. The appeal has been posted on multiple occasions for 14.10.2024, 11.12.2024 and 12.02.2025. Adjournment application has been filed on 07.01.2025 by one Shri Raj Kumar Gupta as the Director/A.R for the assessee company. Adjournment application has been filed on 09.12.2024 by one Shri Kunal Goswami as the Director/Authority of the assessee company. The appeal has been verified by Shri Raj Kumar Gupta. The present adjournment application dated 24.03.2025 is also signed by one Shri Kunal Goswami, Director/A.R. It would be worthwhile herein to extract the adjournment application dated 09.12.2024 which is as follows: 4 ITA No.1717/Kol/2024 Blueview Tradevin Pvt. Ltd. AY: 2012-13 5. The adjournment letter filed dated 23.03.2025 prima facie shows that the signature of the said Kunal Goswami differs. Thus, firstly, the adjournment application itself is in question and secondly even after multiple opportunities have been granted, the assessee has not rectified the defects in the appeal filed and, therefore, as the delay has not been explained nor has any defect been rectified, the appeal filed by the assessee is dismissed in limine. 6. In the result, the appeal of the assessee stands dismissed. Order dictated and pronounced in the open court. Sd/- Sd/- (Sanjay Awasthi) (George Mathan) Accountant Member Judicial Member Dated: 26th March, 2025 JD, Sr. P.S. Copy to: 1. The Appellant: Blueview Tradevin Pvt. Ltd. 2. The Respondent. ITO, Technical-2, Kolkata 3. CIT(A)-23, Kolkata 4. Pr. CIT 5. DR, ITAT, Kolkata. 6. Guard file. True Copy By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata "