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Supreme Court - Daily Orders

Pr. Commissioner Of Income Tax-2 vs M/S Becton Dickinson India Pvt. Ltd. on 22 August, 2016

Bench: Anil R. Dave, L. Nageswara Rao

     ITEM NO.20                              COURT NO.2                SECTION IIIA

                                   S U P R E M E C O U R T O F      I N D I A
                                           RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)......CC                  No(s).
     15382/2016

     (Arising out of impugned final judgment and order dated 16/03/2016
     in ITA No. 192/2016 passed by the High Court of Delhi at New Delhi)

     PR. COMMISSIONER OF INCOME TAX-2                                   Petitioner(s)

                                                    VERSUS

     M/S BECTON DICKINSON INDIA PVT. LTD.                               Respondent(s)

     (with appln. (s) for c/delay in filing SLP)


     Date : 22/08/2016 This petition was called on for hearing today.


     CORAM :
                             HON'BLE MR. JUSTICE ANIL R. DAVE
                             HON'BLE MR. JUSTICE L. NAGESWARA RAO


     For Petitioner(s)                 Mr. N.K. Kaul,ASG
                                       Mr. Ritesh Kumar,Adv.
                                       Mr. Bhuvesh,Adv.
                                       Mrs. Anil Katiyar,Adv.
                                       Mr. Bhuvan Mishra,Adv.
     For Respondent(s)

                          UPON hearing the counsel the Court made the following
                                                  O R D E R

Delay condoned.

There is a delay of 46 days in filing this special leave petition and in the High Court also there was a delay of 977 days in re-filing the appeal and, therefore, the appeal filed before the High Court was dismissed by virtue of the impugned order.

Signature Not Verified As there was no justifiable reason for condoning the delay, in Digitally signed by

our opinion, the High Court had rightly dismissed the appeal and NARENDRA PRASAD Date: 2016.08.24 17:42:51 IST Reason: therefore, we also reject this special leave petition.

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It is deplorable that the petitioner Department was so careless and the appeal was not refiled before the High Court within the prescribed time limit and there was a delay of 977 days in re-filing the appeal. The concerned Authorities shall look into the reasons and find out as to who was responsible for the said delay and deal with the said person in accordance with law for his/her negligence.

  (NARENDRA PRASAD)                            (SHARDA KAPOOR)
    COURT MASTER                                COURT MASTER




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