TMI Blog1995 (2) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... acts of the case are that the petitioner is a private limited company incorporated and registered under the Companies Act. Dr. V. V. Devsthale is its director. The petitioner carries on the business of manufacture of fine aromatic chemicals, perfumery, compounds, drugs, intermediates, etc., and also of taking over as a going concern, the partnership business carried on under the name and style of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Commissioner of Income-tax (Appeals-I), Indore. These two appeals were dismissed by the Commissioner of Income-tax (Appeals) in limine on March 3, 1984, as time-barred. An application of the petitioner for condonation of delay in submitting the appeals for these two years was also rejected by the Commissioner of Income-tax (Appeals). The present petitions under section 264 have been filed on J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 264 of the Act was filed on July 27, 1984, and was barred by nearly four months as the order of the Commissioner of Income-tax (Appeals) was passed on March 3, 1984. Counsel for the respondents submitted that if the order disposing of the application seeking condonation of delay is demolished, then the matter may be left to the discretion of the authority for reconsideration of the application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner, the time spent in other proceedings and the desirability or otherwise of examination of the matter on the merits for doing justice between the parties and decide the question afresh in conformity with law. If the authority elects to condone the delay, then the application submitted under section 264 of the Income-tax Act shall be heard and decided on the merits. This petition is, thus, disp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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