Siddhi Vinayak Buildcon Pvt. Ltd. v. Income-tax Officer
[Citation -2017-LL-0425-29]

Citation 2017-LL-0425-29
Appellant Name Siddhi Vinayak Buildcon Pvt. Ltd.
Respondent Name Income-tax Officer
Court HIGH COURT OF GUJARAT AT AHMEDABAD
Relevant Act Income-tax
Date of Order 25/04/2017
Judgment View Judgment
Keyword Tags period of limitation • condonation of delay
Bot Summary: RULE. Mr.Nitin Mehta, learned advocate waives service of notice of rule on behalf of the respondent, as he is usually appears on behalf of the respondent department. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, present application is taken up for final hearing today. Present application under section 5 of the Limitation Act has been preferred by the applicant assessee requesting to condone the delay of 162 days caused in preferring the Tax Page 1 of 2 HC-NIC Page 1 of 2 Created On Sat Apr 29 12:24:37 IST 2017 O/OJCA/196/2017 ORDER Appeal. Having heard the learned advocates appearing on behalf of the respective parties and considering the averments made in the application in support of the prayer to condone the delay and as sufficient cause has been shown and as there does not appear to be any other malafide intention on the part of the assessee in not preferring the appeal within the period of limitation, present application is allowed and the delay caused in preferring the appeal is condoned. In the facts and circumstances of the case, there shall be no order as to costs.


O/OJCA/196/2017 ORDER IN HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION (OJ) NO. 196 of 2017 In STAMP NUMBER NO. 274 of 2017 SIDDHI VINAYAK BUILDCON PVT. LTD....Applicant(s) Versus INCOME - TAX OFFICER,....Respondent(s) Appearance: MR DARSHAN R PATEL, ADVOCATE for Applicant(s) No. 1 CORAM:HONOURABLE MR.JUSTICE M.R. SHAH and HONOURABLE MR.JUSTICE B.N. KARIA Date : 25/04/2017 ORAL ORDER (PER : HONOURABLE MR.JUSTICE M.R. SHAH) 1.00. RULE. Mr.Nitin Mehta, learned advocate waives service of notice of rule on behalf of respondent, as he is usually appears on behalf of respondent department. 2.00. In facts and circumstances of case and with consent of learned advocates appearing on behalf of respective parties, present application is taken up for final hearing today. 3.00. Present application under section 5 of Limitation Act has been preferred by applicant assessee requesting to condone delay of 162 days caused in preferring Tax Page 1 of 2 HC-NIC Page 1 of 2 Created On Sat Apr 29 12:24:37 IST 2017 O/OJCA/196/2017 ORDER Appeal. 4.00. Having heard learned advocates appearing on behalf of respective parties and considering averments made in application in support of prayer to condone delay and as sufficient cause has been shown and as there does not appear to be any other malafide intention on part of assessee in not preferring appeal within period of limitation, present application is allowed and delay caused in preferring appeal is condoned. Rule is made absolute accordingly. In facts and circumstances of case, there shall be no order as to costs. Sd/- (M.R. SHAH, J.) Sd/- (B.N. KARIA, J.) Rafik.. Page 2 of 2 HC-NIC Page 2 of 2 Created On Sat Apr 29 12:24:37 IST 2017 Siddhi Vinayak Buildcon Pvt. Ltd. v. Income-tax Officer
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