Case LawHigh Court › The Commissioner Of Income Tax-3 v. M/S....

The Commissioner Of Income Tax-3 v. M/S.abhinav Finance & Leasing Co.ltd

High Court 03 Jun 2008 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
The Commissioner Of Income Tax-3 v. M/S.abhinav Finance & Leasing Co.ltd
Date of order
03 Jun 2008
Assessment year(s)
Outcome
Dismissed

The order — as passed by the High Court

Case summary

In The Commissioner Of Income Tax-3 v. M/S.abhinav Finance & Leasing Co.ltd, 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.1512 OF 2008 NOTICE OF MOTION NO.1512 OF 2008 NOTICE OF MOTION NO.1512 OF 2008 IN IN IN INCOME TAX APPEAL (L) NO.69 OF 2008 INCOME TAX APPEAL (L) NO.69 OF 2008 The Commissioner of Income Tax-3 .. Appellant Vs. M/s.Abhinav Finance & Leasing Co.Ltd. .. Respondent Mr.P.S.Sahadevan for the Appellant. None for the Respondent. CORAM :- DR.S.RADHAKRISHNAN &A.P.BHANGALE, JJ. CORAM :- DR.S.RADHAKRISHNAN & A.P.BHANGALE, JJ. DATE : 3rd June, 2008 DATE : 3rd June, 2008 DATE : 3rd June, 2008 P.C. P.C. 1. Heard the learned Counsel for the Appellant. By this Notice of Motion, the Appellant is seeking condonation of 1229 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 29/02/2003. It appears that though the Chief CIT had granted approval for filing the Appeal on 25.3.2004 the Appeal came to be filed belatedly on 10.1.2008. We are not satisfied with the reasons given for condonation of delay. The reasons given for delay that of non-availability of Court fee stamps and the other reasons beyond the control of the Appellant’s office including the administrative difficulties and voluminous work 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.69/2008 also stands dismissed. (A.P.BHANGALE, J.) (DR.S.RADHAKRISHNAN, J.) (A.P.BHANGALE, J.) (DR.S.RADHAKRISHNAN, J.)
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