Nma/1511/2004 Of Sangamner Bhag Sahakari Sakhar Karkhana Ltd v. The Deputy Commissioner Of Income Tax Sp. Rng-3, Nashik And Anr

IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1511 OF 2004ININCOME TAX APPEAL (LOD) NO.551 OF 2004 NOTICE OF MOTION NO.1511 OF 2004 Sangamner Bhag Sahakari Sakhar Karkhana Ltd. ..Appellant. V/s. The Dy. Commissioner of Income Tax & Anr. ..Respondents. Mr.Bhushan V.Mahdik for appellant. Mr.Ashok Kotangale for respondents. CORAM : F.I.REBELLO AND CORAM : F.I.REBELLO ANDR.V.MORE, JJ. DATED : 3RD JULY, 2007. R.V.MORE, JJ. DATED : 3RD JULY, 2007. P.C. :- P.C. :- . Though in the Notice of Motion, it is set out that the delay was 306 days, the learned counsel for the appellant contends that in fact the delay is of 247 days. In the earlier affidavit in support of the Notice of Motion, it was set out that the appeal was not preferred as it was a Co-operative Society. The appellants were given another opportunity to file additional affidavit. The affidavit of one Shri Kailas Gopinath Warpe is filed 25thy June, 2007. It is pointed out that on similar issue of law, the appellant along with others had preferred an S.L.P. before the - = : 2 : = - Supreme Court. The office bearers of the appellant mistakenly believed that as the matter was before the Supreme Court, the present matter will also be covered under the Judgment to be passed in the S.L.P. It is in the light of that the appeal was not preferred in time by the apellant herein. 2. No reply has been filed contesting the said averments as made by the appellant herein. Considering the reasons stated above, there is sufficient cause shown and consequently, the delay is condoned. Motion is made absolute in terms of prayer clause (a). Office to register the appeal. (F.I.REBELL0, J.) (F.I.REBELL0, J.) (R.V.MORE, J.) (R.V.MORE, J.)