The Commissioner Of Wealth Tax v. This Is A Motion For Condoning 1253 Days Delay
High Court
17 Mar 2008 In favour of: Unclear
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The Commissioner Of Wealth Tax v. This Is A Motion For Condoning 1253 Days Delay
Date of order
17 Mar 2008
Assessment year(s)
—
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In The Commissioner Of Wealth Tax v. This Is A Motion For Condoning 1253 Days Delay, the High Court (2008) dismissed the appeal.
Decision: As the Motion for condoning delay is dismissed, appeal also stands dismissed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
K.J. IN THE HIGH COURT OF JUDICATRE AT BOMBAY
ORDINARY ORIGINAL CIVIL JRISDICTION
NOTICE OF MOTION NO.4103 OF 2007
IN
INCOME TAX APPEAL (L) NO.2537 OF 2007
The Commissioner of Wealth Tax ..Appellant
Versus
M/s.Fiery Investments & Leasing Ltd.Respondent
----
Mr.P.S.Sahadevan for the appellant.
Mr.J.D.Mistry with Raj Darak for the respondent.
----
Coram : F.I.Rebello & R.S.Mohite,JJ
Coram : F.I.Rebello & R.S.Mohite,JJ
Coram : F.I.Rebello & R.S.Mohite,JJ
Date : 17.3.2008.
PC
1. This is a Motion for condoning 1253 days delay
in filing the appeal. A perusal of the
affidavit-in-support, indicates that the Chief CIT
granted approval for filing appeal on 25.3.2004 and
thereafter the file was sent to the law ministry for
drafting appeal memo. Ultimately appeal memo was
received duly drafted on 12.03.2007. A period of
almost 3 years for drafting appeal memo cannot be
said to be reasonable. In our view, therefore,
cause shown does not amount to sufficient cause.
Hence, Motion dismissed.
INCOME TAX APPEAL (L) NO.2537 OF 2007
. As the Motion for condoning delay is dismissed,
appeal also stands dismissed.
(R.S.Mohite,J) (F.I.Rebello,J)
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