The Commissioner Of Income Tax –Thane Ii v. M/S. Goldgerg Finance Pvt.ltd

SRK IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL NO.984 OF 2012 The Commissioner of Income tax –Thane II V/S M/s. Goldgerg Finance Pvt.Ltd. .. Appellant .. Respondent Mr. Suresh Kumar for the revenue. Mr.S.G. Dalal i/by Mr. Sudhakar G. Lakhani for assessee. CORAM: S.C. DHARMADHIKARIAND A.K. MENON, JJ. DATE :- 8[th] October, 2014 P.C.: When this appeal was placed before us for admission, Mr. Suresh Kumar submits that the Tribunal has relied upon its earlier order and conclusion therein that is regarding applicability of Section 263 of the Income tax Act, 1961. The Tribunal found that the said power could not have been invoked by the Commissioner in the given facts and circumstances. However, that conclusion of the Tribunal has been assailed by the revenue in another appeal which unfortunately for the revenue, has been dismissed for want of removal of office objections. It is urged that the revenue be now given a chance to revive that appeal by firstly seeking this Court’s indulgence and apply for condonation of delay and thereafter to get the delay condoned. In the event the Court is satisfied that there is sufficient cause, thereafter the Court may give time to comply with the office objections and revive that appeal. 2.Mr. Suresh Kumar assures the Court that all this will be done on or before 13th November, 2014. If Mr. Suresh Kumar complies with this statement made today, then we would allow him to argue the appeal if revived and the appeal which is on today’s board. If nothing is done till that date, both the appeals shall stand dismissed without any further reference to the Court. (A.K. MENON, J.) (S.C. DHARMADHIKARI, J.)