2017 (9) TMI 316 - HC - Income Tax

Condonation of delay - Held that - As gone through the reasons pleaded in the application of the Revenue. We have also taken note of the fact that there are substantial questions of law involved in this appeal, for which the appeal was admitted. In such circumstances, we condone the delay and restore the appeal in its original file and number.

Summary

Issues involved:
Application for recalling an order for non-filing of paper books leading to deemed dismissal of appeal, resistance for condonation of delay by the assessee, consideration of substantial questions of law, and restoration of the appeal.

Detailed Analysis:

1. Recalling of Order for Non-filing of Paper Books:
The application sought to recall an order passed by a Division Bench due to the failure of the appellant to file the requisite paper books within the stipulated time. The Division Bench had directed the appellant to file the paper books within eight weeks from the date of the order, failing which the appeal would stand dismissed. Despite the admission of the appeal in 2007, the paper books were not filed within the specified timeframe, leading to the deemed dismissal of the appeal. The paper books were eventually ready for service in 2016, prompting the need for the application to recall the order.

2. Resistance for Condonation of Delay:
The counsel for the assessee opposed the condonation of delay, citing a delay of 524 days and emphasizing that the Revenue should not receive any special privilege regarding procedural compliance. Reference was made to a Supreme Court decision in the case of Postmaster General & Ors. v. Living Media India Ltd. & Ors. (2012) 3 SCC 563 to support the argument against condoning the delay. However, the Court considered the lapses in procedural matters by the Revenue and the substantial legal questions involved in the appeal, ultimately leading to the decision to condone the delay and restore the appeal.

3. Consideration of Substantial Questions of Law:
The Court acknowledged the substantial questions of law present in the appeal, which were the basis for the admission of the appeal in the first place. Despite the procedural lapses leading to the deemed dismissal, the Court recognized the importance of addressing these legal issues and reinstating the appeal to allow for a proper consideration of the substantive matters at hand.

4. Restoration of the Appeal:
In light of the above considerations, the Court decided to condone the delay and restore the appeal to its original file and number. The appeal was scheduled to be listed for further proceedings under the heading "To Be Mentioned" on a specified date, thereby granting the appellant the opportunity to pursue the appeal and address the substantial legal questions raised in the case.

Overall, the judgment focused on balancing procedural compliance with the importance of addressing substantial legal issues, ultimately leading to the decision to recall the order, condone the delay, and restore the appeal for further consideration.