Mr. V.d. Hon, Advocate For The v. Nirgude

1 CA 10474/2005 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No. 10474 of 2005 inIncome Tax Appeal No. 15244 of 2005 Sanjivani [Takli] Sahakari Sakhar ApplicantKarkhana Ltd. Kopargaon V E R S U S Assistant Commissioner of Income RespondentTax, Ahmednagar & Anr. Mr. V.D. Hon, Advocate for the applicant CORAM : A. V. NIRGUDE & A.I.S. CHEEMA, JJ. DATE : 23rd September, 2014 PER COURT : 1.Heard. 2.This application seeks condonation of 626 days delay caused in filing the appeal. The appeal is filed against the order dated 7th July, 2003. In 2004, certain Judgment was delivered by the Supreme Court. The appellant is trying to take advantage of this Judgment, and therefore, is trying to file this appeal rather belatedly. We are not inclined to condone the delay mainly because when the impugned order was passed in 2003, the same was accepted as a 2 CA 10474/2005 fait accompli by the appellant, and so, the change that took place subsequently would not affect the fate of the case. In view of this, application stands dismissed. 3. In view of dismissal of Civil Application No.10474 of 2005, Civil Application No. 10475 of 2005 stands disposed of. (A.I.S. CHEEMA, J.) (A.V. NIRGUDE, J.) SRM/23/9/14