M/S Collins And Company, Rep v. Bakre, Jj.-Date:1St October, 2012

IN THE HIGH COURT OF BOMBAY AT GOATAX APPEAL NO. 54 OF 2012 M/S COLLINS AND COMPANY, REP. THROUGH ITS MANAGING PARTNER, SHRI DANIEL SHAH VersusTHE ASSISTANT COMMISSIONER OF INCOME TAX, AND 2 ORS., ... Appellant ... Respondents Mr. S.R. Rivonkar, Advocate for the appellant. Ms. Asha Dessai, Advocate for the respondents. P.C.:- -Coram:S. J. VAZIFDAR &U. V. BAKRE, JJ.-Date:1st October, 2012 This is an appeal against the order of the Income Tax AppellateTribunal dated 19/11/2010 dismissing the appellant's appeals No.IT(SC) No. 80 and 81/Mum/2009 relating to the block period01/04/1996 to 18/02/2003. 2. The first appeal before the Tribunal related to the quantumproceedings and second related to the penalty proceedings. Admittedly, in the quantum proceedings the appeal before CIT(Appeals) was filed after a delay of three years and eighteen days andthe appeal to the Tribunal was filed after a delay of two years andfour months. In the penalty proceedings, there was delay of twoyears and four months in filing the appeal before the CIT(Appeals). 3. The Tribunal by the impugned order has declined to exercisediscretion in favour of the appellant by condoning the delay. We are unable to say that the order is perverse. Accordingly no substantialquestion of law arises in this appeal. 4. The appeal stands dismissed. S. J. VAZIFDAR, J. mv U. V. BAKRE, J.