In Commissioner Of Income-Tax-1 v. M/S.miku Agencies, the High Court (2008) dismissed the appeal. The decision went in favour of the assessee.
Decision: As the motion for condoning delay is dismissed, appeal also stands dismissed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.1298 OF 2007
IN
INCOME TAX APPEAL (L) NO.704 OF 2007
Commissioner of Income-tax-1 ..Appellant
Versus
M/s.Miku Agencies ..Respondent
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Mr.Ravindra G.Bhat & Mr.P.S.Sahadevan for the
appellant.
Usha I.Dalal for the respondent.
----
Coram : F.I.Rebello &
R.S.Mohite,JJ
Date : 20.02.2008
PC
1. This is a motion for condoning 1403 days delay
in filing of the main appeal. On perusal of the
affidavit-in-support, we find that the Chief CIT-X
granted approval for filing the appeal on 23.5.2003.
Thereafter the file was sent to the Ministry of Law.
The draft appeal memo was finally prepared on
27.12.2006. A period of more than 3 years for
preparing appeal memo cannot be said to be
reasonable. In our view, therefore, cause shown
does not amount to sufficient cause. Hence motion
dismissed.
INCOME TAX APPEAL (L) NO.704 OF 2007
. As the motion for condoning delay is dismissed,
appeal also stands dismissed.
(R.S.Mohite,J) (F.I.Rebello,J)
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