Calcutta High Court
C.I.T. Central - Iii Kolkata vs Suresh Kr. Agarwal on 17 February, 2009
Author: Pinaki Chandra Ghose
Bench: Pinaki Chandra Ghose
ITA No. 433 of 2004
G.A.No.2404 of 2004
IN THE HIGH COURT AT CALCUTTA
Special Jurisdiction(Income Tax)
ORIGINAL SIDE
C.I.T. CENTRAL - III KOLKATA Plaintiff/Petitioner/Applicant
Versus
SURESH KR. AGARWAL Defendant/Respondent
BEFORE:
The Hon'ble JUSTICE PINAKI CHANDRA GHOSE The Hon'ble JUSTICE SANKAR PRASAD MITRA Date : 17th February, 2009.
The Court : After hearing the learned Advocates for the parties and perusing the application for condonation of delay, we are satisfied with the grounds stated in the petition. Accordingly, the delay of 86 days is condoned. The application under section 5 of the Limitation Act is allowed. G.A.No. 2404 of 2004 is thus disposed of.
Mr. Bhowmick, learned Advocate appearing for the appellant in his usual fairness submits that the tax effect is much less than the amount mentioned in the CBDT circular. Hence there is no reason to admit this appeal. The application for admission of the appeal is thus dismissed.
All parties concerned are to act on a signed copy of the minutes of this order on the usual undertakings.
Urgent xerox certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(PINAKI CHANDRA GHOSE, J.) (SANKAR PRASAD MITRA, J.) km