The Commissioner Of Income Tax – 3, Mumbai v. M/S.al-Kabeer Exports (P) Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2794 OF 2009 IN INCOME TAX APPEAL (L) NO.4021 OF 2008 The Commissioner of Income Tax – 3, Mumbai ..Appellant. Versus M/s.Al-Kabeer Exports (P) Limited ..Respondent. Mr.Vinod Gupta for the appellant. Mr.Balasaheb G. Yewale i/by Rajesh Shah & Co. for the respondent. CORAM : Dr.D.Y. Chandrachud & J.P. Devadhar, JJ. DATE : 7[th] January, 2010. P.C. : 1.The Notice of Motion seeks condonation of delay in filing the appeal. On 9[th] July 2009, the appeal was dismissed by the Division Bench on the ground that though the appeal was barred by limitation, no Motion for condonation has been taken out. But apart from this, the Division Bench observed that in view of the decision of the Supreme Court in Chaudharana Steels (P) Ltd. v. Commissioner of Central Excise [2009 (238) ELT 705 (SC)], this Court had held in CIT v. Grasim Industries Ltd. [Notice of Motion No.787 of 2009 in I.T.A. (L) No.3592 of 2008 decided on 8[th] July 2009] that this Court has no power to condone the delay in filing an appeal under Section 260A of the Income Tax Act, 1961. In view of the fact that the appeal has already been dismissed on 20[th] July 2009 both on the ground that at that stage no Motion had been taken out and that this Court has no power to condone the delay under Section 260A, this Motion shall have to be dismissed and is accordingly dismissed. (J.P. Devadhar, J.) (Dr.D.Y. Chandrachud, J.)