Case LawHigh Court › Itxa/373/2010 Of The Commissioner Of Inc...

Itxa/373/2010 Of The Commissioner Of Income-Tax Central-Ii,Mumbai v. M/S Manoj M. Thakkar- Huf

High Court 23 Jul 2009 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
Itxa/373/2010 Of The Commissioner Of Income-Tax Central-Ii,Mumbai v. M/S Manoj M. Thakkar- Huf
Date of order
23 Jul 2009
Assessment year(s)
Outcome
Dismissed

Case summary

In Itxa/373/2010 Of The Commissioner Of Income-Tax Central-Ii,Mumbai v. M/S Manoj M. Thakkar- Huf, the High Court (2009) dismissed the appeal. The decision went in favour of the assessee.

Decision: P.C. :- 1.All the above appeals which are placed for admission today, were in fact placed for admission on an earlier occasion when conditional order was passed to the effect that all office objections should be removed within the time stipulated therein, failing which the appeals shall stand dismis...

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 BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.423 OF 2008 The Commissioner of Income Tax V/s. ..Appellant...Respondent. Bharat Kumar Modi Mr. P.S. Sahadevan for appellant.None for respondent. ANDINCOME TAX APPEAL (L) NO.424 OF 2008 The Commissioner of Income Tax ..Appellant...Respondent. V/s.Shri Suresh K. JajooMr. P.S.Sahadevan for appellant.Mr. A.K. Jasani for respondent. AND INCOME TAX APPEAL (L) NO.426 OF 2008 The Commissioner of Income Tax ..Appellant...Respondent. V/s.Shri Anwar Hussein ThimMr. P.S.Sahadevan for appellant.Ma. Usha Dalal for respondent.The Commissioner of Income Tax V/s.Nandoliya Ismail Aliji Mr. P.S.Sahadevan for appellant.Dr. Daniel with V.S.Hadade for respondent. AND INCOME TAX APPEAL (L) NO.444 OF 2008 ..Appellant...Respondent. AND INCOME TAX APPEAL (L) NO.445 OF 2008 The Commissioner of Income Tax V/s.Shri Bharat Kantilal Shah Mr. P.S.Sahadevan for appellant.Mr. Jitendra Singh for respondent. ..Appellant...Respondent. ANDINCOME TAX APPEAL (L) NO.475 OF 2008ANDINCOME TAX APPEAL (L) NO.476 OF 2008ANDINCOME TAX APPEAL (L) NO.477 OF 2008 The Commissioner of Income Tax V/s. ..Appellant...Respondent. M/s. Spectrum Business Support Ltd. Mr. P.S. Sahadaven for appellant.Mr. S.J. Mehta for respondent. ANDINCOME TAX APPEAL (L) NO.484 OF 2008 The Commissioner of Income Tax ..Appellant. V/s.M/s. Diwaliben Mehta Charitable Ltd. Mr. P.S. Sahadaven with A.A. Mane for appellant.None for respondent. ..Respondent. ANDINCOME TAX APPEAL (L) NO.495 OF 2008 The Commissioner of Income Tax ..Appellant...Respondent. V/s.M/s. Manoj M. Thakkar HUF Mr. D.K Kamwal for appellant.Mr. A.K. Jasani for respondent. ANDINCOME TAX APPEAL (L) NO.500 OF 2008 The Commissioner of Income Tax ..Appellant...Respondent. V/s.M/s. Sonata Software Ltd. Mr. P.S. Sahadaven for appellant.Mr. A.K. Jasani for respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 23RD JULY, 2009. P.C. :- 1.All the above appeals which are placed for admission today, were in fact placed for admission on an earlier occasion when conditional order was passed to the effect that all office objections should be removed within the time stipulated therein, failing which the appeals shall stand dismissed without reference to the Court. 2.Admittedly, the office objections have not been removed in all the above appeals within the stipulated time though the appeals are pending in this Court for sufficiently long time. It is pertinent to note that wherever extension of time for removal of office objections were sought within the period specified, this Court has granted extension of time. However, in all the above matters, neither the objections are removed within the stipulated time nor extension of time is sought for removing the office objections. As a result, the conditional order has become operational and all the above appeals stood dismissed for want of removal of office objections after the expiry of the stipulated time. In this view of the matter, no further order is necessary. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)
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