The Commissioner Of Income Tax v. Mansoor B. Esmail

(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4254 OF 2006 WITH INCOME TAX APPEAL LODGING NO.1623 OF 2005 The Commissioner of Income Tax...Appellant Vs. Mansoor B. Esmail ...........Respondent Mr. A.S. Rao & Mr. P.S. Sahadevan, for the Appellant. Mr.A.K. Jasani, for the Respondent. CORAM: F.I. CORAM: F.I.REBELLO&R.S.MOHITE,JJ.DATED: 5TH FEBRUARY,2008 R.S.MOHITE,JJ. DATED: 5TH FEBRUARY,2008 P.C.: P.C.: . There is a delay of 267 days in preferring the Appeal. Learned Counsel for the Appellants states that the respondent is not traceable. Even before the Trial Court we found that the matter proceeded exparte. The Appellants before the Tribunal were Revenue. The learned Tribunal in arriving at its findings noted that the respondent was not having any other activity apart from racing and then proceeded to hold as under;- "The assessee was submitting cash flow statement from year to year and if assessees’ statement on accrual of income from racing is to be accepted by reference (-2-) to the said cash flow his statement of loss is also required to be accepted by reference to his cash flow explanation. Since the assessee has no other source of income on record the profit from horse racing is to be adopted at Rs.11,000/- as shown by the assessee. Therefore, we find that the order of the CIT(A) is reasonably justified. We are not inclined to disturb his finding." The Motion for condonation of delay is supported by an affidavit of B.D. Mitra. We have perused the said affidavit. It is set out therein that the last date for filing the Appeal was 7th December, 2005 and the same was filed on 31st August, 2006. There is no explanation apart from general observations as to why the delay should be condoned. Considering the above and what we have set out earlier Motion dismissed and consequently Appeal dismissed. (R.S.MOHITE, J.) (R.S.MOHITE, J.)(F.I.REBELLO, J.) (R.S.MOHITE, J.) (F.I.REBELLO, J.)