Assisstant Commissioner Of Income Tax ... vs Assam Company India Ltd
- CitationCompany Appeal (AT) (Insolvency) No. 843 of 2024
Ratio decidendi
The rule this decision rests on
The NCLAT's jurisdiction to condone delay in filing an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 is confined to a further period of 15 days beyond the prescribed period, and the Tribunal has no power to condone a delay exceeding that outer limit.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Assistant Commissioner of Income Tax (Circle-1) Dibrugarh ...Appellant Versus Assam Company India Ltd. ...Respondent
Present: For Appellant : Ms. Rcuhir Bhatia SSC, Mr. Pratyuksh Gupta JSC, Mr. Anant Maan JSC and Mr. Pawan G., Advocate.
For Respondent : Mr. Ajay Gaggar and Mr. Shreedhar Gaggar, Advocates.
ORDER
(Hybrid Mode)
29.05.2024 : I.A. No. 3060/2024:
1. This is an application praying for condonation of delay in filing the
appeal. Order impugned was passed on 12.01.2024 and this appeal has been
e-filed on 29.02.2024.
2. Learned Counsel for the Appellant submits that he has applied for the
certified copy of the Order on 17.01.2024 and free of cost copy was sent to the
Appellant dated 17.01.2024. He submits that there is a delay of 15 days only.
3. Learned Counsel for the Respondent oppose the submission and
submits that the certified copy was applied on 17.01.2024 and delivered on
on 17.01.2024 itself, therefore, at best, the Appellant is entitled for exclusion
of one day in the time period.
4. Appeal has been filed on 29.02.2024, whereas 30th day period came to
an end on 11.01.2024 and even after giving one day exclusion the appeal was
filed on 47th day i.e., beyond 15 days after expiry of limitation.
5. Our jurisdiction to condone the delay is only 15 days as per Section
61(2) proviso. The delay being more than 15 days. We are unable to condone
the delay.
Delay condonation is rejected. Memo of appeal is also rejected.
[Justice Ashok Bhushan] Chairperson
[Arun Baroka] Member (Technical) himanshu/nn
Comp. App. (AT) (Ins.) No. 843 of 2024 & I.A. No. 2883, 3060 of 2024 2 of 2
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