The Commissioner of Income-tax-IV v. Focus Agro Products Ltd
[Citation -2017-LL-0512-140]

Citation 2017-LL-0512-140
Appellant Name The Commissioner of Income-tax-IV
Respondent Name Focus Agro Products Ltd.
Court HIGH COURT OF DELHI AT NEW DELHI
Relevant Act Income-tax
Date of Order 12/05/2017
Assessment Year 2003-04
Judgment View Judgment
Keyword Tags condonation of delay • delay in filing appeal
Bot Summary: This application seeking condonation of an extraordinary delay of 1313 days in re-filing the appeal of the Revenue under Section 260-A of Income Tax Act, 1961 is directed against an order dated 7 th December, 2012 passed by the Income Tax Appellate Tribunal in ITA No. 2569/Del/2012 for the Assessment Year 2003-04. The explanation offered is the standard one regarding the practice directions issued by this Court for e-filing of the appeals. As has already been observed by this Court in several orders, the practice directions were issued after consultation with the bar and after giving sufficient time for the bar to get acquainted with the requirement of e-filing. The Court has also provided scanning machines at filing counters so that no difficulty is caused to the bar for switching over to the system of e-filing. In any event, the delay of over three years on this ground is wholly ITA No.285/2017 Page 1 of 2 unacceptable. The Court is not persuaded to condone the extraordinary delay of 1313 days in re-filing the appeal. The application for condonation of the delay of 1313 days in re-filing the appeal is dismissed.


$ * IN HIGH COURT OF DELHI AT NEW DELHI 2 + ITA 285/2017 COMMISSIONER OF INCOME TAX-IV Appellant Through: Mr. Puneet Rai, Jr. Standing Counsel versus FOCUS AGRO PRODUCTS LTD. Respondent Through: None CORAM: JUSTICE S.MURALIDHAR JUSTICE CHANDER SHEKHAR ORDER % 12.05.2017 CM No. 14171/2017 1. This application seeking condonation of extraordinary delay of 1313 days in re-filing appeal of Revenue under Section 260-A of Income Tax Act, 1961 is directed against order dated 7 th December, 2012 passed by Income Tax Appellate Tribunal ( ITAT ) in ITA No. 2569/Del/2012 for Assessment Year 2003-04. 2. explanation offered is standard one regarding practice directions issued by this Court for e-filing of appeals. As has already been observed by this Court in several orders, practice directions were issued after consultation with bar and after giving sufficient time for bar to get acquainted with requirement of e-filing. Additionally, Court has also provided scanning machines at filing counters so that no difficulty is caused to bar for switching over to system of e-filing. In any event, delay of over three years on this ground is wholly ITA No.285/2017 Page 1 of 2 unacceptable. Consequently, Court is not persuaded to condone extraordinary delay of 1313 days in re-filing appeal. 3. application for condonation of delay of 1313 days in re-filing appeal is dismissed. ITA No. 285/2017 4. appeal is, accordingly, dismissed. S.MURALIDHAR, J CHANDER SHEKHAR, J MAY 12, 2017 b ITA No.285/2017 Page 2 of 2 Commissioner of Income-tax-IV v. Focus Agro Products Ltd
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