In Nma/362/2005 Of The Commissioner Of Income-Tax Central-Ii, Mumbai v. M/S. Vijay Associates (Diamonds) P. Ltd. Mumbai, the High Court (2008) dismissed the appeal. The decision went in favour of the assessee.
Decision: As the Motion for condoning delay is dismissed, Appeal also stands 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.362 OF 2005
IN
INCOME TAX APPEAL (L) NO.191 OF 2005
The CIT Central-II ..Appellant
V/s.
M/s.Vijay Associates (Diamonds) P.Ltd.,..Respondents
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Mr.P.S.Sahadevan for the appellant.
Mrs.Vasanti B.Patel for the respondents.
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Coram : F.I.Rebello & R.S.Mohite,JJ
Coram : F.I.Rebello & R.S.Mohite,JJ
Date : 25.03.2008.
PC
1. This is a Motion for condoning 362 days delay in
filing of the appeal. A perusal of the affidavit in
support indicates that the last date for filing the
appeal was 4.2.2004 but the CIT approved the filing
of the appeal beyond the period of limitation on
9.2.2004. Thereafter the matter was sent to the Law
Ministry for drafting appeal memo on 29.2.2004 and
the fraft was received in August-2004. In our view,
there is unreasonably long period taken for drafting
the appeal memo. The cause shown does not amount to
sufficient cause and thus Motion stands dismissed.
INCOME TAX APPEAL (L) NO.191 OF 2005
. As the Motion for condoning delay is dismissed,
Appeal also stands dismissed.
(R.S.Mohite,J) (F.I.Rebello,J)
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