The Commissioner Of Income Tax v. M/S.e.merck (India) Ltd
High Court
10 Dec 2007 In favour of: Assessee
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The Commissioner Of Income Tax v. M/S.e.merck (India) Ltd
Date of order
10 Dec 2007
Assessment year(s)
—
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In The Commissioner Of Income Tax v. M/S.e.merck (India) Ltd, the High Court (2007) 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.
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.3448 OF 2006
IN
INCOME TAX APPEAL LODGING NO.1874 OF 2006
The Commissioner of Income Tax....Appellant
Vs.
M/s.E.Merck (India) Ltd.
..Respondent
Mr.A.D. Kango for the Appellant.Ms. A. Vissanji i/b. M/s.S.P. Mehta for the Respondents
CORAM : F.I. REBELLO&R.S. MOHITE, JJ.DATED : 10TH DECEMBER 2007
P.C.
.
There is a delay of 278 days in preferring the
filed by Shri A.K. Bharadwaj, Assistant Commissioner of
Income Tax.
.
The order of the ITAT dated 16th June, 2005 was
administrative decision was taken in December, 2005 that the
.
Considering the above the cause shown does not amount
to sufficient cause. Notice of Motion dismissed.
2.We find that in matter after matter Appeals as beingfiled beyond time and no action has been taken till date
against the erring officials. The result is that it is the
interest of revenue which is being affected.
.The copy of this order be sent to the Chairman of the
Central Board of Direct Taxes. It is for the C.B.D.T., totake appropriate action against those involved. If thelimitation of 120 days as provided under the Income Tax Actis not sufficient it is for them to move the concerned
Ministry for amending the law or that there should be no
law of limitation for Revenue.
(R.S.MOHITE, J.)
(F.I.REBELLO, J)
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