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The Commissioner Of Income Tax v. M/S.riyaz Trading Pvt.ltd

High Court 10 Apr 2008 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
The Commissioner Of Income Tax v. M/S.riyaz Trading Pvt.ltd
Date of order
10 Apr 2008
Assessment year(s)
Outcome
Dismissed

The order — as passed by the High Court

Case summary

In The Commissioner Of Income Tax v. M/S.riyaz Trading Pvt.ltd, the High Court (2008) dismissed the appeal. The decision went in favour of the assessee.

Decision: 2.In view of the dismissal of the Notice of Motion, the above Appeal also stands dismissed.

Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4665 OF 2007 ININCOME TAX APPEAL (L) NO.1838 OF 2007 The Commissioner of Income TaxVs.M/s.Riyaz Trading Pvt.Ltd. ..Appellant ..Respondent Mr.P.S.Sahadevan for the Appellant.Mr.A.K.Jasani i/b.Raj Darak for the Respondent. CORAM :- DR.S.RADHAKRISHNAN &J.P.DEVADHAR,JJ.DATE : 10TH APRIL, 2008 P.C. 1.Heard the learned Counsel for the parties. Bythis Notice of Motion, the Appellant is seekingcondonation of 943 days delay caused in filing theabove Appeal. Perused the Notice of Motion andAffidavit-in-support thereof. It appears that thefinal approval for filing the Appeal was granted on27th December,2004. However, the Appeal came to befiled on 13th August,2007 i.e. after a gross delay ofalmost 2 years and 8 months. The only reason givenfor the said delay is, that due to delay in draftingthe Appeal and non availability of stamp papers, theAppeal could not be filed in time. We are not at allsatisfied with the reasons given. No sufficient cause is made out for condoning the delay. Hence, the Notice of Motion stands dismissed. 2.In view of the dismissal of the Notice of Motion, the above Appeal also stands dismissed. (J.P.DEVADHAR,J.)
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