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2015 (9) TMI 140 - BOMBAY HIGH COURT

2015 (9) TMI 140 - BOMBAY HIGH COURT - TMI - Condonation of delay of 2286 days - as submitted that the delay in filing the Appeals was caused due to the mistaken / erroneous impression of the Appellant that not having agitated the issue before the Tribunal, it was not entitled to agitate the said issue, thereafter - Held that:- We find the affidavits in support are bereft of any particulars, save and except that they have been now advised to file an Appeal to this Court to be considered along wi .....

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applicants in both the Notices of Motion. - Notice of Motion No. 2635 of 2011, Income Tax Appeal (L) No. 1119 of 2011, Notice of Motion No. 2636 of 2011, Income Tax Appeal (L) No. 1120 of 2011 - Dated:- 7-8-2015 - M. S. Sanklecha And N. M. Jamdar, JJ. For the Appellant : Mr Niraj Sheth with Ms Shweta Jaydev i/b. Federal & Rashmikant For the Respondent : Mr A R Malhotra with Ms Padma Divakar ORDER P. C. The Notice of Motion No.2635 of 2011 in Income Tax Appeal (L) No.1119 of 2011 has been ta .....

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nt Year 1997-98. 3. We find that the affidavits in support of both the Notices of Motion have been filed by the same Constituted Attorney and are identically worded, save and except, number of days of delay sought to be condoned. The impugned order of Tribunal was passed in the year 2004. The present Appeals and the Notice of Motions have been filed in 2011. The reasons set out in the affidavits for the delay is that the Appellant was under the erroneous impression that not having agitated an is .....

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