2022 (11) TMI 251

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....olved in the appeal had been decided by this court in earlier matters, this court exercises discretion and condone the delay in filing the appeal. Accordingly, the application is allowed. ITAT/148/2022 This appeal filed by the revenue under section 260A of the Income Tax Act, 1961 [the Act] is directed against the order dated 15.2.2019 passed by the Income Tax Appellate Tribunal "A[SMC]" Bench in ITA No.1018/Kol/2018 for the assessment year 2015-16 the revenue has raised the following substantial question of law for consideration : 1. Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal erred in law in holding that the scripts of M/s. Sulabh Engineers & Services Limited were not bogus a....

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....fixed by the CBDT. The revenue is on appeal contesting the matter on merits. We had an occasion to consider similar issued in the case of Principal Commissioner of Income Tax -1, Kolkata vs. Rakesh Kumar Khemuka in ITAT No.163 of 2021 and ITAT No.172 of 2021 and by a judgment dated 20th July, 2022 the appeal filed by the revenue was dismissed. The operative portion of the said judgment reads as follows: "We have heard Mr. Soumen Bhattacharjee, learned standing Counsel appearing for the appellant and Mr. Abhratosh Majumder, learned Senior Counsel appearing for the respondent assessee. On 19th February, 2022 we had passed the following order: "The Court : We have heard Mr. Soumen Bhattacharjee, learned Standing Counsel, a....

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....ed 16th September, 2019. Thus we have to examine as to the effect of the office memorandum as to whether it can be given retrospective effect or not. Since the issue has a larger ramification, appropriate assistance should be given to the learned standing Counsel. Therefore, we direct the Commissioner of Income tax (Judicial), Kolkata to render the required assistance to the standing Counsel appearing for the Department, supply adequate material and also notes on submission, which can be considered by us on the next hearing date. List the matter on 21st February, 2022." In terms of the above direction the Principal Commissioner of Income Tax (Judicial), Kolkata has addressed the learned Standing Counsel for the appellant b....