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OJCA/556/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 556 of 2010
In
STAMP
NUMBER No. 2379 of 2010
With
STAMP
NUMBER No. 2379 of 2010
With
STAMP
NUMBER No. 2381 of 2010
=========================================================
VISION
ORGANICS LIMITED THROUGH MANAGING DIRECTOR - Applicant(s)
Versus
JOINT
COMMISSIONER OF INCOME TAX - Respondent(s)
=========================================================
Appearance
:
PARTY-IN-PERSON
for
Applicant(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
and
HONOURABLE
MS JUSTICE SONIA GOKANI
Date
: 04/07/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)
Through
this application, the applicant seeks condonation of delay in filing
the Tax Appeal. We notice that in the Tax Appeal, the applicant
seeks to challenge judgment of ITAT dated 17.2.2005. Tax Appeal was
filed on 13th August 2010. Thus there is delay of more
than five years in filing the appeal.
We
have perused the averments made in the application. We do not find
that there is sufficient explanation for such inordinately long
delay. The applicant has made general statements to the effect that
there were several litigations the company was involved in and that
the applicant was personally looking after such litigations, etc.
However, in our opinion, such general explanation would not be
sufficient for us to ignore the delay of more than five years.
In
the result, this application is dismissed. Tax Appeal and the
Civil Application for stay, therefore, stand dismissed being time
barred.
(Akil
Kureshi, J.)
(Ms.Sonia
Gokani, J.)
(vjn)
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