The Cit- Central Ii v. V.c.daga, Jj
High Court
17 Nov 2008 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
The Cit- Central Ii v. V.c.daga, Jj
Date of order
17 Nov 2008
Assessment year(s)
—
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In The Cit- Central Ii v. V.c.daga, Jj, the High Court (2008) 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.3436/2008 IN ITXA (L) NO.170/2008
The CIT- Central II .. Appellant
Vs.
Smt.Rupali Bhavesh Gandhi .. Respondent
Mr.P.S.Sahadevan for the Appellant.
None for the Respondent.
CORAM :- DR.S.RADHAKRISHNAN &
V.C.DAGA, JJ.
DATE : 17th November, 2008
P.C.
P.C.
1. Heard the learned Counsel for the Appellant. By
this Notice of Motion, the Appellant is seeking
condonation of 692 days’ delay caused in filing the
Appeal. Perused the affidavit-in-support of the Notice
of Motion. The Appeal is against the ITAT’s order dated
20.7.2005. It appears that though the Chief CIT had
granted approval for filing Appeal on 19.12.2005 the
Appeal came to be filed belatedly on 25.1.2008. We are
not satisfied with the reasons given for condonation of
delay. The reasons given for delay that of getting the
draft memo of Appeal prepared and the other reasons
beyond the control of the Appellant’s office including
the procedural red tape in Government functioning etc.,
does not appear to be justifiable. No sufficient cause
is made out for condonation of delay. Hence, Notice of
Motion stands dismissed.
2. In view of dismissal of the Notice of Motion, Income
Tax Appeal (L) No.170/2008 also stands dismissed.
(V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.)
(V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.)
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