Nma/1334/2012 Of Commissioner Of Income Tax , Thane-I v. Shri Vijay C.chaturvedi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1334 OF 2012 IN INCOME TAX APPEAL (LODGING) NO.578 OF 2012 The Commissioner of Income – Tax, Thane – IV/s.Vijay C. Chaturvedi ....Appellant ....Respondent Mr.Suresh Kumar for the Appellant. Mr.Pankaj Toprani for the Respondent. CORAM : S.J. VAZIFDAR AND M.S. SANKLECHA, JJ. DATE : 18TH JULY, 2012. P.C. :- 1.This is an application for condonation of delay of 554 days in filing the appeal. 2.The impugned order is dated 11.6.2010. It was received by the appellant on 28.6.2010. The appeal was filed on 4.4.2012. The appellant has however, made out a case for condonation of delay for the following reasons. 3.The appellant filed Miscellaneous Application No.630/Mum/2010 for correction of the order. The same was dismissed on 21.9.2011. In view therefore, the appeal not ought to nma1334-12 be dismissed on the ground of delay pertaining to the period during which the Miscellaneous Application was pending. That the Miscellaneous Application may have been misconceived is another matter. Prima-facie, it does not appear to have been filed with any ulterior motive. 4.This therefore, leaves a delay of about two and half months. The appellant apparently had to take advice as to whether an appeal would be maintainable against the order dismissing the Miscellaneous Application or not. 5.The notice of motion is therefore, made absolute in terms of prayers (a) and (b). (M.S. SANKLECHA, J.) (S.J. VAZIFDAR, J.)