In The Commissioner Of Income Tax-26 v. Shankar Krishnan, the High Court (2010) dismissed the appeal. The decision went in favour of the assessee.
Decision: Time for removal of office objections is extended until 26 July 2010 failing which the appeal shall stand dismissed for want of prosecution without further reference to the Court.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O. O. C. J.
NOTICE OF MOTION NO.325 OF 2010ININCOME TAX APPEAL NO.3516 OF 2010
The Commissioner of Income Tax-26
Vs.Shankar Krishnan
....
None for the Appellant.Mr. Vaibhav P. Pandya for the Respondent.
.....
..Appellant.
..Respondent.
CORAM : DR.D.Y.CHANDRACHUD & J.P.DEVADHAR, JJ.
P.C. :
28 June 2010.
The Motion is for restoration of an appeal which stands dismissed for want of removal of office objections in pursuance of a conditional order dated 29 June 2009. While it is true that a further extension of time is also granted by this Court on 27 July 2009, as contended by Counsel appearing on behalf of the Respondent, we are of the view that having regard to the averments contained in the affidavit in support, it would be in the interests of justice to restore
the appeal and extend the time for removal of office objections. Sufficient cause has been shown. The Notice of Motion is made absolute in terms of prayer clauses (a) and (b). Time for removal of office objections is extended until 26 July 2010 failing which the appeal shall stand dismissed for want of prosecution without further reference to the Court.
(Dr. D.Y.Chandrachud, J.)
(J.P. Devadhar, J.)
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