Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2013 (7) TMI 939

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ntified at 10,000/- to the respondent-, which shall be paid within one month from today.
Mohit S. Shah AND M.S. SANKLECHA, JJ. Mrs. Sanjukta Chowdhury for the Appellant. Tejveer Singh for the Respondent. ORDER 1. This notice of motion has been taken out by the appellant-assessee for condonation of 515 days delay in filing the income-tax appeal. This appeal relates to assessment year 2004-0 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... or further action. All the taxation matters of the appellant-company were entrusted to the said consultant, however, due to inadvertence of the staff of the said consultant, the impugned order was misplaced. After lapse of considerable time, consultant informed the appellant that the original order of the Tribunal, which had been misplaced, has been traced as the same was found in another client&# .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ntention that the expression "sufficient cause" should be interpreted liberally. It is further submitted that since the appellant's appeal raising the same question for the earlier assessment year has already been admitted, this Court may exercise its discretion for condoning the delay. 7. On the other hand, learned counsel for respondent-revenue has opposed the notice of motion. It .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nd by the Court in determining whether the facts and circumstances of a particular case amount to "sufficient cause" or not. It is needless to emphasise that Courts have to use their judicial discretion in the matter soundly in the interest of justice. The words "sufficient cause" should receive a liberal construction so as to advance substantial justice when no negligence or i .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates