The Commissioner Of Income Tax v. Okasa Pharma Pvt. Ltd

bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1552 OF 2009WITHINCOME TAX APPEAL (L) NO.3511 OF 2008 The Commissioner of Income Tax ..Appellant Vs.Okasa Pharma Pvt. Ltd. ..Respondent Mr.Suresh Kumar for appellant.None for respondent. NOTICE OF MOTION NO.1792 OF 2009 WITH INCOME TAX APPEAL (L) NO.938 OF 2007 The Commissioner of Income Tax ..Appellant Vs.Joseph Bibeau ..Respondent Mr.Suresh Kumar for appellant.None for respondent. NOTICE OF MOTION NO.1806 OF 2009 WITHINCOME TAX APPEAL (L) NO.721 OF 2007 The Commissioner of Income Tax ..Appellant Vs.Sonu Synthetics Ltd. ..Respondent Mr.J.S.Saluja for appellant.None for respondent. NOTICE OF MOTION NO.1914 OF 2009 WITHINCOME TAX APPEAL (L) NO.3173 OF 2008 WITH NOTICE OF MOTION NO.1915 OF 2009WITHINCOME TAX APPEAL (L) NO.3197 OF 2008WITH NOTICE OF MOTION NO.1917 OF 2009WITHINCOME TAX APPEAL (L) NO.3175 OF 2008 The Commissioner of Income Tax Vs.Indian Hotels Co.Ltd. Mr.P.S.Sahadevan for appellant. Mr.Kaushik Suchannam i/b.Mr.Ajit Shah for respondent. NOTICE OF MOTION NO.1916 OF 2009WITHINCOME TAX APPEAL (L) NO.3541 OF 2008 The Commissioner of Income Tax Vs.J.K.Chemicals Ltd. Mr.Vimal Gupta i/b. P.S.Sahadevan for appellant.None for respondent. NOTICE OF MOTION NO.1928 OF 2009 WITHINCOME TAX APPEAL (L) NO.2333 OF 2007 WITH NOTICE OF MOTION NO.1929 OF 2009WITH INCOME TAX APPEAL (L) NO.2323 OF 2007 WITH NOTICE OF MOTION NO.1930 OF 2009WITHINCOME TAX APPEAL (L) NO.2322 OF 2007 The Commissioner of Income Tax Vs.Nayan Arvind shah Mr.P.S.Sahadevan for appellant.Mr.A.K.Jasani for respondent. ..Appellant ..Respondent ..Appellant ..Respondent ..Appellant ..Respondent P.C. CORAM :- V.C.DAGA & J.P.DEVADHAR,JJ. 9TH JULY, 2009 DATE : 1.The delay in filing the above appeals is ranging from 2 days to 1894 days. Admittedly, all these appeals are barred by limitation. 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, all the above Notices of Motion are dismissed being barred by limitation. 3.In view of dismissal of Notices of Motion, appeal papers be consigned to record. (J.P. DEVADHAR, J.) (V.C. DAGA, J.)