2009 (11) TMI 106

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....r of Income-tax showing cause. 2. On the other hand, on behalf of the respondents, their learned counsel has drawn our attention to the order in Notice of Motion No. 787 of 2009 in Income-tax Appeal (L) No. 3592 of 2008 decided on July 8, 2009, (CIT v. Grasim Industries Ltd. [2009] 319 ITR 154 (Bom)) where relying on the judgment of the Supreme Court this court has taken a view that in an appeal preferred under section 260A of the Income-tax Act, 1961, there is no power to condone delay. In our opinion, the judgment is clearly distinguishable. In so far as appeal is concerned, the appeal is conferred by the statute and it is in that context that the court took a view that there is no power of condonation of delay. 3. The question befo....

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....n any other substantial question of law not formulated by it, if it is satisfied that the case involves such question. (5) The High Court shall decide the question of law so formulated and deliver such judgment thereon containing the grounds on which such decision is founded and may award such cost as it deems fit. (6) The High Court may determine any issue which- (a) has not been determined by the Appellate Tribunal; or (b) has been wrongly determined by the Appellate Tribunal, by reason of a decision on such question of law as is referred to in sub-section (1). (7) Save as otherwise provided in this Act, the provisions of the Code of Civil Procedure, 1908 (5 of 1908) relating to appeals to the High Court shall, as far as ma....