The High Court dismissed an Letters Patent Appeal filed by the Income Tax Department, holding that the impugned order required no interference and noting the appeal was barred by limitation.
Limitation application No. 4217 of 2003 was dismissed.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No. 881 of 2003 Arising out of
Civil Writ Jurisdiction Case No. 1041 of 1999
=========================================================== 1. The Union of India through the Chief Commissioner, Income Tax, Patna, Bihar.
.... .... Appellant/s Versus Vishwanath Ojha, Partner G. Trading Corporation, Resident of Jagatpuri Parwara .... .... Respondent/s
Vishwanath Ojha, Partner G. Trading Corporation, Resident of Jagatpuri Parwara Road, Delhi- 51.
=========================================================== Appearance : For the Appellant/s : Mrs. Archana Sinha, Sr. Standing Counsel (Income Tax Department) For the Respondent/s : Mr. =========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE V.N. SINHA)
Date: 16-04-2015
Union of India through Chief Commissioner, Income Tax, Bihar, Patna and his subordinates has preferred this appeal assailing the order dated 03.07.2003 passed by the learned Single Judge in C.W.J.C. No. 1041 of 1999 whereunder Authorities of the income tax had been directed to consider the case of the writ petitioner for payment of award money as according to the petitioner he furnished information to the department leading to recovery of black money.
Patna High Court LPA No.881 of 2003 dt.16-04-2015
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consider the claim made in the representation and if petitioner found entitled to get any amount then only such payment is required to be made. The direction of the learned Single Judge is absolutely innocuous and ought not to have been assailed before this Court. We may also notice that the present appeal is barred by limitation and appellants have filed Interlocutory Application No. 4217 of 2003 on 19th September, 2003 praying therein to condone the delay of more than one month in filing the appeal.
(V.N. Sinha, J.)
(Ahsanuddin Amanullah, J.)
Anand Kr.
U
1 issue framed by the court
Whether the limitation in the appeal should be condoned.
Union of India through Chief Commissioner, Income Tax, Patna
Vishwanath Ojha
V.N. Sinha
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
