Director of Income-tax, (International Taxation), Mumbai v. CITI Bank N.A
[Citation -2014-LL-0214-154]
| Citation | 2014-LL-0214-154 |
|---|---|
| Appellant Name | Director of Income-tax, (International Taxation), Mumbai |
| Respondent Name | CITI Bank N.A. |
| Court | SUPREME COURT |
| Relevant Act | Income-tax |
| Date of Order | 14/02/2014 |
| Judgment | View Judgment |
| Keyword Tags | condonation of delay |
| Bot Summary: | UPON hearing counsel the Court made the following ORDER Delay condoned. The appeals are disposed of in terms of the signed order. By the impugned order, the High Court has declined to condone the inordinate delay in filing the appeals of the appellant under Section 260A of the Income Tax Act and dismissed the appeals. We are of the opinion that considering the stakes involved and the questions of law raised, the High Court should not have dismissed the application for condonation of delay and should have considered whether substantial questions of law arise to be decided in the appeals filed before the High Court. We dispose of these appeals by setting aside the impugned order passed by the High Court and remanding the matter to the High Court to consider the question as to whether any substantial questions of law arise to be decided in the appeals. Learned counsel for the respondent-Bank submitted that in view of the huge delay in filing the appeals before the High Court and the long period that has lapsed thereafter the respondent may be gravely prejudiced if the appeals are decided against the respondent- Bank by the High Court. This is a plea that may be raised by the respondent-Bank before the High Court and if such a plea is raised it is for the High Court to consider the same. |