Pr. Commissioner of Income Tax-4, Ahmedabad v. Grandbhagwati Banquets and Hotels
[Citation -2017-LL-0425-58]

Citation 2017-LL-0425-58
Appellant Name Pr. Commissioner of Income Tax-4, Ahmedabad
Respondent Name Grandbhagwati Banquets and Hotels
Court HIGH COURT OF GUJARAT AT AHMEDABAD
Relevant Act Income-tax
Date of Order 25/04/2017
Judgment View Judgment
Keyword Tags condonation of delay
Bot Summary: Present application under Section 5 of the Limitation Act has been preferred by the applicant-revenue to condone the delay of five days in preferring the Tax Appeal against the impugned judgment and order passed by the Income Tax Appellate Tribunal. Having heard Shri Nitin Mehta, learned advocate appearing on behalf of the applicant and considering the averments made in the application and the fact that there is a delay of five days, which otherwise is required to be condoned and so as to see that the respondent does not incur unnecessary expenditure at the stage of condonation of delay Page 1 of 2 HC-NIC Page 1 of 2 Created On Sat Apr 29 12:19:05 IST 2017 O/OJCA/231/2017 ORDER of day, the present application is allowed without issuance of any notice upon the respondent, considering the decision of the Hon ble Supreme Court in the case of High Court of Judicature of Patna Vs. Madan Mohan Prasad Ors. Rendered in 9 SCC 65 and the delay of five days in preferring the Tax Appeal is hereby condoned. The Tax Appeal Stamp No. 3089/2016 is directed to be notified for admission hearing on 03/05/2017.


ORDER IN HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION (OJ) NO. 231 of 2017 In STAMP NUMBER NO. 3089 of 2016 PR. COMMISSIONER OF INCOME TAX-4, AHMEDABAD....Applicant(s) Versus GRANDBHAGWATI BANQUETS AND HOTELS LTD.....Respondent(s) Appearance: MR NITIN K MEHTA, 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. Present application under Section 5 of Limitation Act has been preferred by applicant-revenue to condone delay of five days in preferring Tax Appeal against impugned judgment and order passed by Income Tax Appellate Tribunal. 2. Having heard Shri Nitin Mehta, learned advocate appearing on behalf of applicant and considering averments made in application and fact that there is delay of five days, which otherwise is required to be condoned and so as to see that respondent does not incur unnecessary expenditure at stage of condonation of delay Page 1 of 2 HC-NIC Page 1 of 2 Created On Sat Apr 29 12:19:05 IST 2017 O/OJCA/231/2017 ORDER of day, present application is allowed without issuance of any notice upon respondent, considering decision of Hon ble Supreme Court in case of High Court of Judicature of Patna Vs. Madan Mohan Prasad & Ors. rendered in (2011) 9 SCC 65 and delay of five days in preferring Tax Appeal is hereby condoned. 3. With this, present application is allowed. Tax Appeal Stamp No. 3089/2016 is directed to be notified for admission hearing on 03/05/2017. (M.R. SHAH, J.) (B.N. KARIA, J.) Siji Page 2 of 2 HC-NIC Page 2 of 2 Created On Sat Apr 29 12:19:05 IST 2017 Pr. Commissioner of Income Tax-4, Ahmedabad v. Grandbhagwati Banquets and Hotel
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