The Commissioner Of Income Tax v. Shri.mohammed G.morani
High Court
10 Jun 2008 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
The Commissioner Of Income Tax v. Shri.mohammed G.morani
Date of order
10 Jun 2008
Assessment year(s)
—
Outcome
Dismissed
Case summary
In The Commissioner Of Income Tax v. Shri.mohammed G.morani, 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.
The order — as passed by the High Court
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.1601 OF 2008
NOTICE OF MOTION NO.1601 OF 2008
NOTICE OF MOTION NO.1601 OF 2008
IN
IN
IN
INCOME TAX APPEAL (L) NO.616 OF 2008
INCOME TAX APPEAL (L) NO.616 OF 2008
The Commissioner of Income Tax .. Appellant
Vs.
Shri.Mohammed G.Morani .. Respondent
Mr.P.S.Sahadevan for the Appellant.
None for the Respondent.
CORAM :- DR.S.RADHAKRISHNAN & A.V.NIRGUDE, JJ.
CORAM :- DR.S.RADHAKRISHNAN &
A.V.NIRGUDE, JJ.
DATE : 10th June, 2008
P.C.
P.C.
1. Heard the learned Counsel for the Appellant. By
this Notice of Motion the Appellant is seeking
condonation of 707 days delay caused in filing the
Appeal. Perused the affidavit-in-support of the Notice
of Motion. The Appeal is against the ITAT’s order dated
26.08.2005. It appears that though the the Chief
Commissioner of Income Tax had granted approval for
filing an Appeal on 28.02.2006, the Appeal came to be
filed belatedly on 29.02.2008. We are not satisfied
with the reasons given for condonation of delay. The
reasons given for delay that of getting the draft memo
of Appeal prepared and non-availability of Court fee
stamps etc. does not appear to be justifiable. No
sufficient cause is made out for condonation of delay.
Hence, Notice of Motion stands dismissed.
2. In view of dismissal of the Notice of Motion, Income
Tax Appeal (L) No.616/2008 also stands dismissed.
(A.V.NIRGUDE, J.) (DR.S.RADHAKRISHNAN,J.)
(A.V.NIRGUDE, J.) (DR.S.RADHAKRISHNAN,J.)
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