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Nma/1803/2007 Of The Commissioner Of Incometax-Xxvi, Mumbai v. Mr. Lowell Shaffer

High Court 20 Feb 2008 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
Nma/1803/2007 Of The Commissioner Of Incometax-Xxvi, Mumbai v. Mr. Lowell Shaffer
Date of order
20 Feb 2008
Assessment year(s)
Outcome
Dismissed

The order — as passed by the High Court

Case summary

In Nma/1803/2007 Of The Commissioner Of Incometax-Xxvi, Mumbai v. Mr. Lowell Shaffer, the High Court (2008) dismissed the appeal. The decision went in favour of the assessee.

Decision: As the motions for condoning delay are dismissed, appeals also stand dismissed.

Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1803 OF 2007 IN INCOME TAX APPEAL (L) NO.779 OF 2007 Commissioner of Income tax ..Appellant V/s. Mr.Lowell Shaffer ..Respondent AND NOTICE OF MOTION NO.1809 OF 2007 IN INCOME TAX APPEAL (L) NO.784 OF 2007 Commissioner of Income tax ..Appellant V/s. Mr.Leslie John Schoonover ..Respondent ---- Mr.P.S.Sahadevan for the appellant. ---- Coram : F.I.Rebello & R.S.Mohite,JJ Date : 20.02.2008 PC 1. These are the motions for condoning 737 days delay in filing of the main appeals. On perusal of the affidavit-in-support, we find that the file was sent to the ministry of law for drafting appeal memo on 18.4.2005 and the draft appeal was received on 28.10.2006. A period of more than 1 year & 5 months for drafting appeal memo cannot be said to be reasonable. In our view, the cause shown does not amount to sufficient cause. Hence motions dismissed. (1) INCOME TAX APPEAL (L) NO.779 OF 2007 (2) INCOME TAX APPEAL (L) NO.784 OF 2007 . As the motions for condoning delay are dismissed, appeals also stand dismissed. (R.S.Mohite,J) (F.I.Rebello,J) (R.S.Mohite,J) (F.I.Rebello,J) (R.S.Mohite,J) (F.I.Rebello,J)
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