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Nma/265/2009 Of The Commissioner Of Income Tax - Mumbai v. M/S. Sumatinath Enterprises

High Court 09 Feb 2009 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
Nma/265/2009 Of The Commissioner Of Income Tax - Mumbai v. M/S. Sumatinath Enterprises
Date of order
09 Feb 2009
Assessment year(s)
Outcome
Dismissed

Case summary

In Nma/265/2009 Of The Commissioner Of Income Tax - Mumbai v. M/S. Sumatinath Enterprises, the High Court (2009) 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

ASNIN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONNOTICE OF MOTION NO.265 OF 2009ININCOME TAX APPEAL LODGING NO.2604 OF 2008The Commissioner of Income Tax...Appellant.Vs.M/s. Sumatinath Enterprises...Respondent.Mrs.Anuradha Mane for the Appellant.CORAM : F.I. REBELLO & R.S. MOHITE, JJ.DATE : 9TH FEBRUARY,2009.PC :1. This is a notice of motion for condoning 1210 daysdelay in filing the main appeal.2. On perusing the affidavit in support, it appearsthat the approval for filing the appeal was granted on8.11.2004 but the appeal came to be filed more thanthree years and nine months later, on 2.8.2008. Thedelay between the period 8.11.2004 and 2.8.2008 has notbeen properly explained. In our view, therefore, thecause shown does not amount to sufficient cause. Noticeof motion is therefore, dismissed. Consequently appeal dismissed. Certified copy expedited. (R.S. MOHITE, J.)(F.I. REBELLO, J.)
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