In Nma/60/2018 Of Hicons Constructions v. Deputy Commissioner Of Income Tax, Central Circle-36 And Anr, the High Court (2018) allowed the appeal. The decision went in favour of the assessee.
Decision: 4.Needless to state that if the objections are not removed within the period of four weeks from today, the Appeal itself stands dismissed without reference to the Court.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 60 OF 2018ININCOME TAX APPEAL (L) NO. 3113 OF 2017
Hicons Constructions
… Appellant / Applicant
VersusThe Deputy Commissioner Of Income Tax – …RespondentsCentral Circle & Anr.
Mr. Tanmay Phadke, i/b Neha Paranjpe for the Appellant / Ori. Appellant. Mr. N.C. Mohanty, for the Respondents.
PC:-
CORAM:M.S.SANKLECHA &RIYAZ I. CHAGLA, JJ.DATED:22ND FEBRUARY 2018
1.This Notice of Motion has been taken out to condone the delay of 79 days in filing the appeal from the order dated 31st March 2017 of the Income Tax Appellate Tribunal.
2.Perused the Affidavit in Support dated 14th December 2017 of Mr. Mohd. Rafique Shaikh, partner of the applicant and we are satisfied with the reasons stated therein for the delay in filing the accompanying appeal.
3.Accordingly, the Notice of Motion is allowed in terms of prayer clause (a).
4.Needless to state that if the objections are not removed within the period of four weeks from today, the Appeal itself stands dismissed without reference to the Court.
( RIYAZ I. CHAGLA J. )
(M.S.SANKLECHA, J.)
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