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Nma/124/2008 Of The Commissioner Of Income Tax-12, Mumbai v. M/S Maganlal Jethabhai

High Court 16 Apr 2008 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
Nma/124/2008 Of The Commissioner Of Income Tax-12, Mumbai v. M/S Maganlal Jethabhai
Date of order
16 Apr 2008
Assessment year(s)
Outcome
Dismissed

Case summary

In Nma/124/2008 Of The Commissioner Of Income Tax-12, Mumbai v. M/S Maganlal Jethabhai, the High Court (2008) dismissed the appeal. The decision went in favour of the assessee.

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 ORDINARYORIGINAL CIVIL JURISDICTION IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY NOTICE OF MOTION NO.124 OF 2008 NOTICE OF MOTION NO.124 OF 2008 IN IN INCOME TAX APPEAL (LODG) NO.81 OF 2008 INCOME TAX APPEAL (LODG) NO.81 OF 2008 The Commissioner of Income Tax ..Appellant. V/s. M/s.Maganlal Jethabai ..Respondent. Mr.A.S.Rao for appellant. None for respondent. CORAM : DR. S.RADHAKRISHNAN AND J.P.DEVADHAR, JJ.DATED : 16TH APRIL, 2008. CORAM : DR. S.RADHAKRISHNAN AND J.P.DEVADHAR, JJ. DATED : 16TH APRIL, 2008. P.C. :- P.C. :- Heard learned counsel for the appellant. None for the respondent, though served. Affidavit of service is filed. The Motion is filed for condonation of 262 days delay in filing the above appeal. Perused the affidavit filed in support of the Notice of Motion. The order of I.T.A.T. is dated 8/12/2006. The Chief Commissioner of Income Tax granted approval on 20/4/2007 for filing the appeal. However, the appeal was filed on 11/11/2008. The reasons given for the delay in filing the appeal is that there was delay in getting the draft appeal memo, administrative exigencies and procedural formalities and insufficiency of stamp papers. The reasons given are totally unsatisfactory. No case is made out for condoning the delay. Notice of Motion is dismissed with no order as to costs. (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)(DR.S.RADHAKRISHNAN, J.) (DR.S.RADHAKRISHNAN, J.) (J.P. DEVADHAR, J.)
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