In Nma/3873/2005 Of The Commissioner Of Income Tax City-Xvi, Mumbai v. Sajid Khan, the High Court (2008) dismissed the appeal. The decision went in favour of the assessee.
Decision: 3.Though we have condoned the delay, the appellant is directed to remove the officeobjections, if any, within four weeks from todayfailing which appeal to stand dismissed for nonprosecution without further reference to the court.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION
IN
INCOME TAX APPEAL(L)NO.1665 OF 2005
The Commissioner of Income Tax-XVI..Appellant Mumbai
V/s.
Sajid Khan..Respondent
Mr.P.S.Sahadevan, Advocate, for Appellant None for Respondent
CORAM : F.I.REBELLO &R.S.MOHITE,JJ.
P.C.
.This is a Notice of Motion for condoning a
delay of 145 days in filing of the main appeal.Considering the reasons which are given for thedelay caused and which are not controverted, weaccept the cause shown as sufficient cause andcondone the delay. Office to number the appeal andplace the same for admission in usual course.
respondent then the respondent will have liberty tomove this Court for re-call of this order.
3.Though we have condoned the delay, the
appellant is directed to remove the officeobjections, if any, within four weeks from todayfailing which appeal to stand dismissed for nonprosecution without further reference to the court.
(R.S.MOHITE, J.)
(F.I.REBELLO, J.)
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