9911796707
TMI Blog1990 (2) TMI 273X X X X Extracts X X X X X X X X Extracts X X X X ..... e application of the applicant to amend the provisional certificate granted to it on October 30, 1986 and subsequently renewed up to September 19, 1987. The prayer of the applicant is that the applicant had applied for grant of provisional certificate on September 21, 1985 and that the provisional certificate should have been granted with effect from that date. Instead, the order on the applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed on June 3, 1988. In the process there was a delay of about five days. The applicant was accordingly directed to show cause why the petition should not be rejected on the ground of limitation. The applicant alleged that one of the partners, namely, Shri Anup Roy was sick from May 9, 1988 to June 2, 1988 and hence the application could not be filed earlier than June 3, 1988. In support of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perused the annexures to the application as also the minute-book of the applicant-firm. It appears that initially Shri A. Banerjee was entrusted to look after all sales tax and income-tax matters amongst other functions allotted to him (vide resolution dated October 28, 1985). The resolution dated April 8, 1988, shows that there was a re-allotment of duties in an emergency meeting held on that day ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eriod of about five days, we are inclined to hold that the delay has been sufficiently explained. We find that the delay in the circumstances ought to have been condoned by the learned Additional Commissioner. The order, therefore, passed by the Additional Commissioner dated August 21, 1989, rejecting the application on the ground of limitation alone is set aside. The learned Additional Commission ..... X X X X Extracts X X X X X X X X Extracts X X X X
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