1 ITAT No. 114 of 2011 G.A. No. 1274 of 2011 G.A. No. 1275 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ/Civil Appellate/Ordinary Original Civil Jurisdiction ORIGINAL SIDE COMMISSIONER OF INCOME TAX,KOL-II Plaintiff/Petitioner/Applicant Versus M/S.LEONARD COMMERCIAL (P) LTD. Defendant/Respondent
BEFORE:
The Hon’ble JUSTICE BHATTACHARYA
The Hon’ble JUSTICE DR. SAMBUDDHA CHAKRABARTI
Date : 9th June, 2011.
The Court :- It appears from the
affidavit of service that neither the envelope sent to the
respondent nor the acknowledgment card annexed thereto has yet
come back although the same was sent more than one month back.
We thus presume good service.
None appears on behalf of the respondent. After
hearing Mr. Nizamuddin learned Advocate appearing on behalf of
the appellant and after going through the explanation given in
the application for condonation of delay, we are satisfied
that the appellant was prevented from sufficient cause from
preferring the appeal within the period of limitation. We thus
condone the delay in filing the appeal.
2
Let the appeal come up for hearing on 13th June,
2011.
(BHASKAR BHATTACHARYA, J.)
(DR. SAMBUDDHA CHAKRABARTI, J.)
dg/