2025 (2) TMI 833 - HC - Income Tax

Revenue's Appeal Dismissed for Delay Under Section 260A of Income Tax Act; Stay Application Closed

The HC dismissed the revenue's appeal under Section 260A of the Income Tax Act due to an unexplained delay in filing. The decision referenced a prior ... Computation of deduction u/s 80IA - quantum of deduction which the assessee would be entitled to claim u/s 80IA - HELD THAT:- The above appeal filed by the revenue being covered by the decision of this Hon’ble Court in [2025 (2) TMI 766 - CALCUTTA HIGH COURT] in the assessee’s case has to be dismissed. Apart from the fact, there is inordinate unexplained delay in filing the appeal [supra]. We noted that the order impugned in this appeal was relied upon and followed in the assessee’s case for the assessment year 2018-19. When the Tribunal passed the said order, the revenue had not preferred any appeal for the assessment year 2016-17 and that has been recorded by the Tribunal in the order impugned in Tribunal had rightly computed the market value of electricity supplied by the captive power plants of the assessee to its industrial units after comparing it with the rate of power available in the open market, i.e., the price charged by the State Electricity Board while supplying electricity to the industrial consumers. Therefore, this is also another ground to dismiss the revenue’s appeal. The Calcutta High Court, in a case involving the Income Tax Act, dismissed an appeal by the revenue under Section 260A. The Court noted an unexplained delay in filing the appeal and referenced a previous decision in the assessee's case for the assessment year 2018-19. As a result, the appeal was dismissed, and the stay application was closed.