The Commissioner Of Income Tax Xvi, Mumbai v. M/S.kamala Mehta Charitable Trust
High Court
18 Jul 2009 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
The Commissioner Of Income Tax Xvi, Mumbai v. M/S.kamala Mehta Charitable Trust
Date of order
18 Jul 2009
Assessment year(s)
—
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In The Commissioner Of Income Tax Xvi, Mumbai v. M/S.kamala Mehta Charitable Trust, the High Court (2009) dismissed the appeal. The decision went in favour of the assessee.
Decision: DATE : 27TH JULY, 2009 P.C. : 1.All the above appeals which are placed for admission today, were in fact placed for admission on an earlier occasion when conditional order was passed to the effect that all office objections should be removed within the time stipulated therein, failing which the appe...
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
INCOME TAX APPEAL (L) NO.485 OF 2008
The Commissioner of Income Tax XVI, Mumbai..Appellant.VersusM/s.Kamala Mehta Charitable Trust..Respondent.INCOME TAX APPEAL (L) NO.676 OF 2008Commissioner of Income-tax, Central, Nagpur..Appellant.VersusRavindrakumar S. Bhatia..Respondent.INCOME TAX APPEAL (L) NO.680 OF 2008The Commissioner of Income Tax – 8, Mumbai..Appellant.VersusMelstar Information Technologies Limited..Respondent.INCOME TAX APPEAL (L) NO.722 OF 2008The Commissioner of Income Tax – III, Pune..Appellant.VersusSudarshan Chemicals Industries Limited..Respondent.INCOME TAX APPEAL (L) NO.723 OF 2008The Commissioner of Income Tax – III, Pune..Appellant.VersusRaisoni Exports (I) Private Limited, Pune..Respondent.INCOME TAX APPEAL (L) NO.800 OF 2008The Commissioner of Income-tax, Pune..Appellant.VersusEagle Agro Farms Private Limited..Respondent.INCOME TAX APPEAL (L) NO.883 OF 2008The Commissioner of Income Tax, Mumbai City 5..Appellant.VersusM/s.Gabriel India Limited..Respondent.INCOME TAX APPEAL (L) NO.1060 OF 2008
The Commissioner of Income Tax – XVI, Mumbai..Appellant.VersusM/s.Sheetal International..Respondent.
INTEREST TAX APPEAL (L) NO.4 OF 2008
The Commissioner of Income Tax-2, MumbaiVersusM/s.L & T Finance Limited
..Appellant.
..Respondent.
Mr.Suraj M. Shah for the appellant in ITXAL No.680 of 2008.None for the appellant in rest of the matters.Mr.A.K. Jasani for the respondent in IRXAL No.4 of 2008.None for the respondent in all other matters.
CORAM : V.C. DAGA & J.P. DEVADHAR, JJ.
DATE : 27TH JULY, 2009
P.C. :
1.All the above appeals which are placed for admission today, were in fact placed for admission on an earlier occasion when conditional order was passed to the effect that all office objections should be removed within the time stipulated therein, failing which the appeals shall stand dismissed without reference to the Court.
2.Admittedly, the office objections have not been removed in all the above appeals within the stipulated time though the appeals are pending in this Court for sufficiently long time. It is pertinent to note that wherever extension of time for removal of office objections were sought within the period specified, this Court has granted extension of time. However, in all the above matters, neither the objections are removed within the stipulated time nor extension of time is sought for removing the office objections. As a result, the conditional order has become operational and all the above appeals stood dismissed for want of removal of office objections after the expiry of the stipulated time. In this view of the matter, no further order is necessary.
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