Nma/2390/2004 Of The Commissioner Of Income-Tax v. Daswani And Co
High Court
16 Jul 2007 In favour of: Assessee
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Nma/2390/2004 Of The Commissioner Of Income-Tax v. Daswani And Co
Date of order
16 Jul 2007
Assessment year(s)
—
Outcome
Dismissed
Case summary
In Nma/2390/2004 Of The Commissioner Of Income-Tax v. Daswani And Co, 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
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.2390 OF 2004
IN
INCOME TAX APPEAL (L) NO.785 OF 2004
The Commissioner of Income Tax .. Appellant.
V/s.
Daswani & Company .. Respondent.
Mr.Ashok Kotangale i/by Pankaj Kapoor for the
appellant.
Ms.Beena Pillai i/by D.M. Harish & Co. for the
respondent.
CORAM : F.I. REBELLO &
J.P. DEVADHAR, JJ.
DATED : 16TH JULY, 2007.
P.C. :
1. Perused the affidavit filed on behalf of the
respondent opposing condonation of delay. On perusal
of para 3 of the affidavit in support of the notice
of motion filed by Anil Sant and additional affidavit
filed by Arvind Deshpande, copy of which has been
placed before us by the learned counsel for the
respondents, though not on record, we find that the
file was sent to the Ministry of Law some time after
19th May, 2003 and the appeal memo was drafted only
on 15th June, 2004. There is no explanation for the
delay between these two dates.
2
2. Considering the above, the cause shown would
not amount to sufficient cause. The notice of motion
is dismissed with no order as to costs.
(F.I. REBELLO, J.)
(J.P. DEVADHAR, J.)
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