Nma/62/2009 Of The Commissioner Of Income Tax- 2, Mumbai v. M/S. The Bombay Dyeing And Mfg. Co. Mumbai
High Court
28 Jan 2009 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
Nma/62/2009 Of The Commissioner Of Income Tax- 2, Mumbai v. M/S. The Bombay Dyeing And Mfg. Co. Mumbai
Date of order
28 Jan 2009
Assessment year(s)
—
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In Nma/62/2009 Of The Commissioner Of Income Tax- 2, Mumbai v. M/S. The Bombay Dyeing And Mfg. Co. 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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.62 OF 2009
IN
INCOME TAX APPEAL (L) NO.3136 OF 2008
The CIT-2 )..Appellants
V/s.
M/s.Bombay Dyeing & Mfg.Co.Ltd., )..Respondent
----
Mr.P.S.Sahadevan for the appellants.
----
Coram : F.I.Rebello & R.S.Mohite,JJ
Date : 28.01.2009.
PC
1. This is a motion for condoning 422 days delay in
filing of the appeal. A perusal of the affidavit in
support indicates that the matter was sent for
drafting on 30.7.2007 but the appeal was ultimately
came to be drafted in September-2008. A period of
more than 1 year and 2 months for drafting an appeal
memo cannot be said to be reasonable. In our view,
therefore, 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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