Tax-8 v. M/S. Nucleus Securities
High Court
17 Apr 2008 In favour of: Unclear
Forum / Bench
High Court · newos
Parties
Tax-8 v. M/S. Nucleus Securities
Date of order
17 Apr 2008
Assessment year(s)
—
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In Tax-8 v. M/S. Nucleus Securities, the High Court (2008) dismissed the appeal.
Decision: In view of the dismissal of the notice of motion, the appeal also stands dismissed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ORDINARY ORIGINAL CIVIL JURISDICTION
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 1139 OF 2008
NOTICE OF MOTION NO. 1139 OF 2008
NOTICE OF MOTION NO. 1139 OF 2008
IN
IN
IN
INCOME TAX APPEAL (L) NO. 681 OF 2008
INCOME TAX APPEAL (L) NO. 681 OF 2008
INCOME TAX APPEAL (L) NO. 681 OF 2008
Commissioner of Income
Tax-8. .. Appellant.
vs.
M/s. Nucleus Securities
Ltd., .. Respondents.
Mr. P.S. Sahadevan for Appellant.
None for Respondents.
CORAM: DR. S. RADHAKRISHNAN &
CORAM: DR. S. RADHAKRISHNAN &
SANTOSH BORA, JJ.
SANTOSH BORA, JJ.
DATE: 17TH APRIL, 2008.
DATE: 17TH APRIL, 2008.
P.C.
. Heard the learned counsel for the Appellant.
None appears for the Respondents. By this Notice of
Motion, the Appellant is seeking condonation of 1105
days delay caused in filing the Appeal.
2. Perused the affidavit-in-support of the Notice
of Motion. It appears that though the last date for
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filing the Appeal was 29.10.2004 and the Commissioner
of Income Tax had granted approval for filing an Appeal
on 31.1.2005 the Appeal came to be lodged belatedly on
4.3.2008 i.e. almost after the lapse of three years.
3. We are not satisfied with the reasons given for
delay that of getting the draft memo of Appeal
prepared, procedural formalities and non-availability
of Court fee stamps. No sufficient cause is made out
for condonation of delay. Hence, Notice of Motion
stands dismissed.
4. In view of the dismissal of the notice of
motion, the appeal also stands dismissed.
(DR. S. RADHAKRISHNAN, J.)
(DR. S. RADHAKRISHNAN, J.)
(SANTOSH BORA, J.)
(SANTOSH BORA, J.)
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