Nma/54/2009 Of The Commissioner Of Income Tax- 2, Mumbai v. M/S. Empire Finance Co. Ltd. Mumbai
High Court
28 Jan 2009 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
Nma/54/2009 Of The Commissioner Of Income Tax- 2, Mumbai v. M/S. Empire Finance Co. Ltd. Mumbai
Date of order
28 Jan 2009
Assessment year(s)
—
Outcome
Dismissed
Case summary
In Nma/54/2009 Of The Commissioner Of Income Tax- 2, Mumbai v. M/S. Empire Finance Co. Ltd. Mumbai, 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
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.54 OF 2009
IN
INCOME TAX APPEAL (L) NO.2867 OF 2008
The CIT-2 )..Appellants
V/s.
M/s.Empire Finance Co. Ltd., )..Respondent
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Mr.P.S.Sahadevan for the appellants.
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Coram : F.I.Rebello & R.S.Mohite,JJ
Date : 28.01.2009.
PC
1. This is a motion for condoning 691 days delay in
filing of the appeal. On perusal of the affidavit
in support of the motion, it is seen that the matter
was sent for drafting appeal memo on 27.7.2007 and
the draft ultimately came to be prepared in
September-2008. A period of more than 1 year and 2
months cannot be said to be reasonable. Hence,
cause shown does not amount to sufficient cause.
Therefore, motion stands dismissed. Consequently,
appeal papers to be filed. Refund of court fees as
per rules.
(R.S.Mohite,J) (F.I.Rebello,J)
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