Authority: High Court at Calcutta (Special Jurisdiction – Income Tax)
Order Date: 8 July 2026
Case Overview
- Parties: Principal Commissioner of Income Tax – 1, Kolkata (appellant) vs M/S Novelty Commotrade Pvt. Ltd. (respondent).
- Judges: Justice Rajarshi Bharadwaj and Justice Uday Kumar.
- Appeal filed after a delay of 305 days; the court accepted the appellant’s explanation and condoned the delay, allowing application GA/1/2026.
- The appellant asserted a tax effect of Rs 15,45,000, which is below the Rs 2 crore limit prescribed in CBDT Circular No.9/2024 (dated 17 Sep 2024) and Circular No.5/2024 (dated 15 Mar 2024).
- The appellant claimed the case falls under the exceptional category under paragraph 3.1(h) of CBDT Circular No.5/2024.
- The court examined the application, the assessment order, the appellate order of the Commissioner of Income Tax, and the Tribunal order dated 17 Dec 2024 for AY 2011‑2012.
- The court found the appellant had not clearly identified which specific exceptional clause under para 3.1(h) applied.
Final Outcome
- Application GA/1/2026 (condonation of delay) is allowed.
- Application GA/2/2026 (appeal) is dismissed because the tax effect is below Rs 2 crore and no specific exceptional clause was cited.
Topics: Tax Appeal, CBDT Circulars, Delay Condonation