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The Commissioner Of Income Tax v. M/S. Dainty Investment & Leasing Pvt. Ltd

High Court 26 Feb 2008 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
The Commissioner Of Income Tax v. M/S. Dainty Investment & Leasing Pvt. Ltd
Date of order
26 Feb 2008
Assessment year(s)
Outcome
Dismissed

Case summary

In The Commissioner Of Income Tax v. M/S. Dainty Investment & Leasing Pvt. Ltd, the High Court (2008) dismissed the appeal. The decision went in favour of the assessee.

Decision: Failure to removethe office objections, appeal to stand dismissed for nonprosecution.3.

Summary auto-generated from the order below — read the full judgment for the complete reasoning.

The order — as passed by the High Court

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3063 OF 2007 IN INCOME TAX APPEAL LODGING NO.1731 OF 2007 The Commissioner of Income Tax.Vs. ..Appellant. M/s. Dainty Investment & Leasing Pvt. Ltd. ..Respondent. Mr. Vimal Gupta and Mr. P.S.Sahadevan for theAppellant. Mr.J.D. Mistry with Raj Darak for the Respondent. CORAM : F.I. REBELLO &R.S. MOHITE, JJ.DATED : 26TH FEBRUARY,2008. PC :1. We have heard the learned counsel for the appellant.There is a delay of 329 days. Considering the causeshown, delay condoned subject to the appellant paying tothe respondent costs quantified at Rs.7500/- ascondition precedent within 12 weeks from today. Onfailure to pay the costs within stipulated period,appeal to stand dismissed for non prosecution.2. Further, office objections, if any, should beremoved within 12 weeks from today. Failure to removethe office objections, appeal to stand dismissed for nonprosecution.3. It is open to the revenue to recover the costs to bepaid from the officers concerned, if it is found that delay in filing the appeal was caused on account of their negligence. (R.S. MOHITE, J.) (F.I. REBELLO, J.)
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