The High Court dismissed the income tax appeal, allowing a 772-day delay, citing departmental inefficiency and merit. Additions were deleted on merits, and no substantial question of law arose from a prior Bombay HC order.
Appeal dismissed both on grounds of inordinate delay and on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
COMMISSIONER OF INCOME TAX-IV ..... Appellant Through: Ms. Vibhooti Malhotra, Advocate.
versus
FAIREVER TRADERS & CONSULTANTS (P) LTD.... Respondent Through: Mr. S.K. Bagaria, Advocate with Mr. Jatin Zaveri and Mr. Neel Kamal Mishra, Advocates
CORAM: JUSTICE S.MURALIDHAR JUSTICE VIBHU BAKHRU
CM No. 971/2016(for condonation of delay in re-filing the appeal) & ITA 57 of 2016
Page 1 of 3
ITA No.57/2016
regards the second ground, sufficient advance notice had been given to the litigants and Advocates about the filing of soft copies of the paperbooks. Further, the Registry of the Court had made appropriate arrangements for scanning services at the filing counters to facilitate the making of soft copies so that the inconvenience if any caused to the Advocates and the litigants is minimised. In any event the change could not have entailed a delay of more than two years.
Page 2 of 3
ITA No.57/2016
basis in the hands of Mr. Deora and on protective basis in the hands of two of the three companies, i.e. Prerna and Softnet have been deleted on appeal by the CIT (A) and confirmed by the ITAT. The order of the ITAT in the case of Mr. Deora has been upheld by the High Court of Bombay which declined to frame a question in the Revenue's appeal. Consequently, no substantial question of law arises for determination.
S.MURALIDHAR, J
VIBHU BAKHRU, J
FEBRUARY 01, 2016 mg
Page 3 of 3
ITA No.57/2016
3 issues framed by the court
Whether condonation of inordinate seven hundred and seventy-two days delay in re-filing income tax appeals is permissible.
Whether the revenue additions regarding transfer of shares for obtaining right of way can be sustained after deletion by lower appellate authority.
Whether substantial questions of law arise from the impugned order in the Deora case.
Commissioner of Income Tax-IV
Fairever Traders & Consultants (P) Ltd.
S. Muralidhar
Vibhu Bakhu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
