The Commissioner Of Income Tax-12 v. M/S.husman Enterprises
High Court
17 Apr 2008 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
The Commissioner Of Income Tax-12 v. M/S.husman Enterprises
Date of order
17 Apr 2008
Assessment year(s)
—
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In The Commissioner Of Income Tax-12 v. M/S.husman Enterprises, 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.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.448 OF 2008
IN
INCOME TAX APPEAL (L) NO.196 OF 2008
IN
INCOME TAX APPEAL NO. OF 2008
The Commissioner of Income Tax-12..Appellant
Vs.
M/s.Husman Enterprises .. Respondent
Mr.A.S.Rao for the appellant
None for the respondent
CORAM : DR.S.RADHAKRISHNAN &
CORAM : DR.S.RADHAKRISHNAN &
SANTOSH BORA, JJ.
SANTOSH BORA, JJ.
DATED : 17TH APRIL, 2008
P.C.:
1. None appears for the respondent though
served. By this Notice of Motion, the Appellant is
seeking condonation of 376 days’ delay caused in
filing the Appeal.
2. Perused the affidavit-in-support of the
Notice of Motion. It appears that though the last
2
date for filing the Appeal was 16.01.07 and the
Commissioner of Income Tax had granted approval for
filing an Appeal on 07.04.05, the Appeal came to be
filed belatedly on 28.01.08.
3. We are not satisfied with the reasons given
for condonation of delay. The reasons given for
the delay is due to administrative exigencies and
the procedural formalities and also for getting the
memo of appeal drafted. do not appear to be
justifiable. 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, Income Tax Appeal (L) No.196 of 2008 also
stands dismissed.
(DR.S.RADHAKRISHNAN, J.)
(DR.S.RADHAKRISHNAN, J.)
(SANTOSH BORA, J.)
(SANTOSH BORA, J.)
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