Nma/2425/2009 Of The Commissioner Of Income Tax- 8 Mumbai v. Ebers Pharmaceuticals Ltd
High Court
20 Jul 2009 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
Nma/2425/2009 Of The Commissioner Of Income Tax- 8 Mumbai v. Ebers Pharmaceuticals Ltd
Date of order
20 Jul 2009
Assessment year(s)
—
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In Nma/2425/2009 Of The Commissioner Of Income Tax- 8 Mumbai v. Ebers Pharmaceuticals Ltd, the High Court (2009) dismissed the appeal. The decision went in favour of the assessee.
Decision: 2.In this view of the matter, the appeal is dismissed being barred by limitation with no order as to costs.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.2425 OF 2009WITHINCOME TAX APPEAL (L) NO.2569 OF 2008
The Commissioner of Income Tax
..Appellant.
V/s.
M/s. EBERS Pharmaceuticals Ltd.
..Respondent.
Mr. Suresh Kumar for appellant.
None for respondent.
CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATE : 20TH JULY, 2009
P.C. :
1.The Notice of Motion is filed seeking condonation of 939 days delay in filing the appeal. Admittedly, appeal is barred by limitation. Apart from this, following the decision of the Apex Court in the case of Chaudharana Steels (P) Ltd. V/s.Commissioner of Central Excise reported in 2009 (238) ELT 705 (S.C.), we have held in the case of CIT V/s. Grasim Industries Ltd. (Notice of Motion No.787 of 2009 in I.T.A. (L) No.3592 2008) decided on 8/7/2009) that this Court has no power to condone the delay in filing an appeal under section 260A of the Income Tax Act, 1961.
2.In this view of the matter, the appeal is dismissed being barred by limitation with no order as to costs.
3.In view of dismissal of Notice of Motion, the appeal papers be consigned to record.
(J.P. Devadhar, J.)
(V.C. Daga, J.)
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