2024 (3) TMI 1378 - HC - Income Tax

Delay of 1367 days in filing the appeal - Eligible reasons of delay given or not? - HELD THAT - We find there is no acceptable explanation for the inordinate delay except for stating certain administrative grounds. On perusal of the order passed by the learned Tribunal, impugned in this appeal, we find that the learned Tribunal has taken note of the decision of Almatis Alumina Pvt. Ltd 2022 (2) TMI 1063 - CALCUTTA HIGH COURT The correctness of the said decision was challenged by the revenue before this Court and in the case of Almatis Alumina Pvt. Ltd. 2022 (2) TMI 1063 - CALCUTTA HIGH COURT the appeal filed by the Department was dismissed. Apart from that, with regard to the Indian Transfer Pricing guidelines issued by the Institute of Chartered Accountants of India vide guidance note on report u/s 92E by ICAI and transfer pricing guidelines issued by OECD the issue was whether it prohibits a foreign associate enterprise (AE) to be a tested party. This issue was considered by this Court in the case of ITC Infotech India Ltd., 2024 (1) TMI 1400 - CALCUTTA HIGH COURT . Thus, we find that apart from there being no explanation for the inordinate delay, the legal issue raised in this appeal is squarely covered in the aformentioned decisions

Summary

The High Court of Calcutta dismissed the appeal due to a delay of 1367 days in filing, with no acceptable explanation provided. The court found that the legal issue raised in the appeal was already covered by previous decisions, leading to the rejection of the appeal.