COMMISSIONER OF INCOME TAX Vs. GRASIM INDUSTRIES LIMITED

JUDGEMENT

(1.) This notice of motion is taken out by the revenue seeking condonation of delay of 575 days in filing the above Appeal under Section 260A of the Income Tax Act, 1961 ( 'I.T. Act' for short).

(2.) Mr. Saluja, learned Counsel for the revenue, relying upon a Full Bench decision of this Court in the case of Commissioner of Income Tax v. Velingkar Brothers reported in,2007 289 ITR(Bom) 382 submitted that this Court has power to condone the delay in filing an appeal under Section 260A of the I.T. Act and for the reasons set out in the affidavit in support of the Notice of Motion, the delay in filing the above appeal be condoned.

(3.) Mr. Mistry, learned Counsel appearing on behalf of the assessee has brought to out notice two decisions of the Apex Court in the case of Commissioner of Customs & Central Excise v. Hongo India (P) Limited and Anr. reported in,2009 236 ELT(SC) 417 and Chaudharana Steels (P) Limited v. Commissioner of Central Excise,2009 238 ELT(SC) 705 , wherein it is held that the High Court has no power to condone the delay in seeking a reference / filing an appeal under Section 35H & 35G of the Central Excise Act, 1944 ('Excise Act' for short) respectively. Since Section 35G of the Excise Act is pari materia with Section 260A of the I.T. Act, Mr. Mistry submits that this Court has no power to condone the delay in filing an Appeal under Section 260A of the I.T. Act.