JCIT(IN-CITU) CIRCLE1(1),KOLKATA, KOLKATA V. THE PEERLESS GENERAL FINANCE AND INVESTMENT COMPANY LIMITED, KOLKATA

ITA 681/KOL/2025

AI Insights

The case involves an appeal by the revenue against the order of the CIT(Appeals)-22, Kolkata, which was initially filed under section 250 of the Income Tax Act, 1961. The appeal was found to be delayed by 32 days due to administrative reasons, but the delay was condoned as the reasons were deemed bona fide. However, it was later revealed that the appeal was a duplicate of an already decided case (ITA No.750/Kol/2025) for the same assessment year, leading to the dismissal of the current appeal as infructuous.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 774918 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-09-2025
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 1992-1993
• Appeal Filed On: 01-04-2025
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

"आयकर अपीलȣय अͬधकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH KOLKATA Before Shri Rajesh Kumar, Accountant Member and Shri Pradip Kumar Choubey, Judicial Member ITA No.681/Kol/2025 Assessment Year: 1992-93 JCIT(In-CITU), Circle-1(1), Kolkata……………..............................……….……Appellant vs. The Peerless General Finance and Investment Company Ltd. ....……...…..…..Respondent 1/C, Mandeville Gardens, Ballygunge, Kol- 700019. [PAN: AABCT3043L] Appearances by: Shri S. B. Chakraborty, Sr. DR, appeared on behalf of the appellant. Smt. Puja Somani, CA, appeared on behalf of the Respondent. Date of concluding the hearing : September 02, 2025 Date of pronouncing the order : September 02, 2025 ORDER Per Rajesh Kumar, Accountant Member: The present appeal has been preferred by the revenue against the order dated 26.09.2017 of the CIT(Appeals)-22, Kolkata [hereinafter referred to as the “ld. CIT(A)”] passed u/s 250 of the Income Tax Act, 1961 [hereinafter referred to as the “Act”]. 2. At the outset, we observe from the appellate order that the appeal of the revenue is delayed by 32 days for which a condonation petition was filed. After perusing the contents of the condonation petition, we find that the delay was occurred because of administrative approval or sanction obtained from the higher authority. Considering the reasons to be bona fide and genuine, we hereby condone the delay and admit the appeal for adjudication. 3. At the outset, the ld. counsel pointed out that this appeal filed by the revenue is a duplicate appeal which was filed against the order of the Printed from counselvise.com ITA No.681/Kol/2025 The Peerless General Finance and Investment Company Ltd 2 ld. CIT(A) dated 22.09.2017. The ld. counsel submitted that the appeal against the said appellate order was already decided in ITA No.750/Kol/2025 filed by the revenue vide order dated 26.08.2025 for assessment year 1992-93. Therefore, the present appeal filed by the revenue is liable to be dismissed. 4. The ld. DR also fairly conceded the contention made by the ld. counsel for the assessee. He agreed that this is in fact a duplicate appeal filed by the revenue inadvertently and left the issue for decision before the Bench. 5. After hearing the rival submissions and perusing the materials available on record, we observe that this is a duplicate appeal filed by the revenue against the ld. CIT(A)’s order dated 22.09.2017. We observe that the Tribunal has already decided vide order dated 26.08.2025 in ITA No.750/Kol/2025 for assessment year 1992-93 which was filed by the revenue against the said order of the ld. CIT(A). Therefore, we dismiss the instant appeal as infructuous. 6. In the result, the appeal of the revenue is dismissed. Kolkata, the 2nd September, 2025. Sd/- Sd/- [Pradip Kumar Choubey] [Rajesh Kumar] Judicial Member Accountant Member Dated: 02.09.2025. RS Copy of the order forwarded to: 1. Appellant - 2. Respondent - 3. CIT(A)- 4. CIT- , 5. CIT(DR), Printed from counselvise.com ITA No.681/Kol/2025 The Peerless General Finance and Investment Company Ltd 3 //True copy// By order Assistant Registrar, Kolkata Benches Printed from counselvise.com "