(R.K. Agrawal and Abhay Manohar Sapre, JJ.)
The Commissioner of Income Tax-12 ___________________ Appellant
v.
M/s. Pheroza Framroze & Co. ______________________ Respondent
Civil Appeal No. 3889 of 2017 [Arising out of S.L.P. (Civil) No. 28580 of 2016], decided on March 10, 2017
The Order of the court was delivered by
Order
1. Delay condoned.
2. Leave granted.
3. We have heard the learned counsel for the parties and perused the impugned judgment and order dated 20th July, 2009 passed by the High Court of Judicature at Bombay wherein delay of fourteen days in filing the appeal filed under Section 260-A of the Income Tax Act, 1961 was not condoned on the ground that there was no such power given to the High Court for condoning the delay.
4. Subsequently, sub-section 2A of Section 260-A of the Act was inserted which empowers the High Court to condone the delay. The question whether insertion of sub-section 2A is prospective or retrospective need not be gone into in the present case, as in our considered opinion, the High Court has inherent jurisdiction to condone such delay of fourteen days.
5. We, therefore, condone the delay of fourteen days and direct the High Court to decide the appeal on merits in accordance with law.
6. The civil appeal is disposed of in the above terms.
7. Pending application, if any, also stands disposed of.
Petition(s) for Special Leave to Appeal (C) No(s). 28580/2016
The Commissioner of Income Tax-12 _________________ Appellant
v.
M/s. Pheroza Framroze & Co _______________________ Respondent
Date: 10/03/2017 This petition was called on for hearing today.
(Before R.K. Agrawal and Abhay Manohar Sapre, JJ.)
For Petitioner(s) Mr. Samar Kachwaha, Adv.
Mr. Deepak Joshi, Adv.
Ms. Vimla Sinha, Adv.
For Mrs. Anil Katiyar, Adv.
For Respondent(s) Mr. Nirnimesh Dube, Adv.
Mr. Amol Chitale, Adv.
Mr. Anand Srivastava, Adv.
For M/s. Lex Regis Law Offices, Advs.
UPON hearing the counsel the Court made the following
Order
8. Delay condoned.
9. Leave granted.
10. The appeal is disposed of in terms of the signed order.
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