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Nma/1707/2006 Of The Commissioner Of Income-Tax-3 v. M/S Agni Investment And Trading P. Ltd

High Court 16 Oct 2007 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
Nma/1707/2006 Of The Commissioner Of Income-Tax-3 v. M/S Agni Investment And Trading P. Ltd
Date of order
16 Oct 2007
Assessment year(s)
Outcome
Dismissed

Case summary

In Nma/1707/2006 Of The Commissioner Of Income-Tax-3 v. M/S Agni Investment And Trading P. Ltd, the High Court (2007) 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 ORDINARY ORIGINAL CIVIL JURISDICTION IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1707 OF 2006IN INCOME TAX APPEAL (LOD) NO.855 OF 2006 NOTICE OF MOTION NO.1707 OF 2006 IN INCOME TAX APPEAL (LOD) NO.855 OF 2006 The Commissioner of Income Tax ..Appellant. V/s. M/s.Agni Investment & Trading P.Ltd. ..Respondent. Mr.Vimal Gupta for appellant. Mr.J.D.Mistry with Raj Darak for respondent. CORAM : F.I.REBELLO AND J.P.DEVADHAR, JJ. DATED : 16TH OCTOBER, 2007. P.C. :- P.C. :- There is a delay of 304 days in preferring the appeal. There is affidavit in support filed by Mr.V.Murlidharan. The I.T.A.T. order was received on 11/3/2005. The Chief CIT’s approval was received on 9/6/2005 and the file was sent to the Ministry of Law immediately. The draft appeal memo was received on 24/11/2005 and the appeal was filed on 11/5/2006. There is no explanation whatsoever for the delay between 9/6/2005 and 24/11/2005. Apart from that there is also no explanation for the delay between 24/11/2005 and 11/5/2006 except for saying that the stamp papers were just received. In our opinion, the cause shown would not amount to sufficient cause. Hence Motion is dismissed. (J.P.DEVADHAR, J.)(F.I.REBELL0, J.)
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