The Commissioner Of Income Tax v. M/S.walchandnagar Industries Ltd
High Court
24 Jul 2009 In favour of: Assessee
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High Court · newos
Parties
The Commissioner Of Income Tax v. M/S.walchandnagar Industries Ltd
Date of order
24 Jul 2009
Assessment year(s)
—
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In The Commissioner Of Income Tax v. M/S.walchandnagar Industries Ltd, the High Court (2009) dismissed the appeal. The decision went in favour of the assessee.
Decision: 2.In this view of the matter, appeal is dismissed being barred by limitation with no order as to costs.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL (L) NO. 2064 OF 2008
The Commissioner of Income Tax.
... Appellant
Vs.
M/s.Walchandnagar Industries Ltd.... Respondent
Ms.Padma Divakar for the appellant.
Ms.Vasanti B. Patel for the respondent.
CORAM :- V.C.DAGA AND J.P.DEVADHAR, JJ.
P.C.
DATE :- 24[th] July, 2009.
This appeal is delayed by 1075 days. Admittedly, no notice of motion is taken out. Though prayer for condonation of delay is made in the appeal memo, no sufficient cause is shown. Apart from this, following the decision of the Apex Court in the case of Chaudharana Steels (P) Ltd. V/s. Commissioner of Central Excise reported in 2009 (238) ELT 705 (S.C.), we have held in the case of CIT V/s. Grasim Industries Ltd. (Notice of Motion No.787 of 2009 in I.T.A. (L) No.3592 2008) decided on 8/7/2009) that this Court has no power to condone the delay in filing an appeal under section 260A of the Income Tax Act, 1961.
2.In this view of the matter, appeal is dismissed being barred by limitation with no order as to costs.
(J.P.DEVADHAR,J.)
(V.C.DAGA,J.)
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