The Patna High Court allowed an application to extend the time limit for filing a statutory appeal in an income tax matter. The court granted four weeks for the appeal due to the petitioner's advocate's illness, modifying the previous order.
Extension of four weeks granted to file the statutory appeal before the appropriate authority.
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 Miscellaneous Jurisdiction Case No.1116 of 2020
In
Civil Writ Jurisdiction Case No.3915 of 2020
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Sangita Devi, Wife of Sanjeet Kumar, Resident of VillageWard No 1, Laheriyaganj, PO and P.S. Madhubani, District Madhubani.
... ... Petitioner/s
Versus
... ... Opposite Party/s
======================================================
Appearance : For the Petitioner/s : Mr.Suraj Samdarshi, Advocate For the Opposite Party/s : Dr. K.N. Singh (Asg)
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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
3 09-03-2022 Present application has been filed seeking modification of the order dated 16.10.2020 passed in CWJC No. 3915 of 2020, titled as Sangita Devi Vs. The Union of India & Ors.
Learned counsel for the petitioner submits that vide order dated 16.10.2020, petitioner was granted liberty to file statutory appeal within a period of four weeks from the date of the order, but the statutory appeal could not be filed on account
Patna High Court MJC No.1116 of 2020(3) dt.09-03-2022 2/2
of petitioner’s advocate suffering from illness. As such, he prays for extension of time for filing appeal before the appropriate authority.
Considering the facts and circumstances, present application stands allowed. Further four weeks’ time is granted to the petitioner to file appeal before the appropriate authority.
Order dated 16.10.2020 is modified to that extent
only.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sujit/Ashwini
U
1 issue framed by the court
Whether time limit for filing statutory appeal should be extended due to illness of the petitioner's advocate?
Sangita Devi
The Union of India
The Commissioner, Income Tax Commissioner
The Income Tax Officer, Ward 3(5)
Sanjay Karol
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
