Itxa/1232/2010 Of The Commissioner Of Income Tax - 5, Mumbai v. M/S Cadbury India Limited, Mumbai
High Court
30 Jun 2009 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
Itxa/1232/2010 Of The Commissioner Of Income Tax - 5, Mumbai v. M/S Cadbury India Limited, Mumbai
Date of order
30 Jun 2009
Assessment year(s)
—
Outcome
Dismissed
Case summary
In Itxa/1232/2010 Of The Commissioner Of Income Tax - 5, Mumbai v. M/S Cadbury India Limited, Mumbai, the High Court (2009) dismissed the appeal. The decision went in favour of the assessee.
Decision: However, for want of Notice of Motion as well as sufficient and reasonable cause for condoning the delay, the appeal is dismissed for delay in filing the same.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
The order — as passed by the High Court
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL (L) NO.2331 OF 2008
The Commissioner of Income Tax ..Appellant.
V/s.
M/s. Cadbury India Pvt. Ltd...Respondent.
Mr.P.S.Sahadevan for appellant.Mr.Sameer Chitnis i/b. Craford Bailey & Co. for respondent.
CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 30TH JUNE, 2009.
P.C. :-
1.Heard learned counsel for the revenue. There is a delay of 1905 days in filing the appeal. There is no Notice of Motion filed seeking condonation of delay. The appeal is filed in July, 2008. Till today, no motion is taken out seeking condonation of delay.
2.No doubt, there is a prayer in the appeal for
condoning the delay in filing the appeal. However, for want of Notice of Motion as well as sufficient and reasonable cause for condoning the delay, the appeal is dismissed for delay in filing the same.
(J.P.DEVADHAR, J.) (V.C.DAGA, J.)
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