The Commissioner Of Income Tax v. Sawan Kumar Tak
High Court
09 Jan 2008 In favour of: Assessee
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The Commissioner Of Income Tax v. Sawan Kumar Tak
Date of order
09 Jan 2008
Assessment year(s)
—
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In The Commissioner Of Income Tax v. Sawan Kumar Tak, the High Court (2008) 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.
((-1-))
HVN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 2938 OF 2006
IN
INCOME TAX APPEAL (L) NO.1421 OF 2006
The Commissioner of Income Tax ... Appellant
Versus
Sawan Kumar Tak ... Respondent
Mr. A.D. Kango for hte Appellant.
CORAM: F.I.REBELLO&R.S. MOHITE, JJ.DATED: JANUARY 09, 2008
CORAM: F.I.
R.S. MOHITE, JJ.
DATED: JANUARY 09, 2008
P.C.
P.C.
. This is a notice of motion for condoning delay of
455 days in filing the main tax appeal. On perusal
of the affidavit in support of the notice of Motion,
we find that the file was sent to the Law Ministry
for drafting the appeal memo on 04.05.2005 and was
returned back after about one year i.e. on
13.12.2005 without a draft appeal. Thereafter the
appeal memo wasdrafted after further delay of four
months i.e. on 10.4.2006. In our view, the
aforesaid period has not been properly explained.
In the circumstances, sufficient cause is not shown
to condone the delay. Hence, Notice of Motion is
dismissed.
((-2-))
(F.I.REBELLO, J.)
(R.S. MOHITE, J.)(F.I.REBELLO, J.)
(R.S. MOHITE, J.)
(F.I.REBELLO, J.)
(R.S. MOHITE, J.)
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