High CourtsDivision Bench(2012) 10 KAR CK 0043

The Commissioner of Income Tax, C.R. Building, Attavara, Mangalore The Asst. Commissioner of Income Tax, Circle-1, Udupi. vs M/s. Syndicate Bank, Central Accounts Department, Head Office, Manipal

Karnataka High Court · Decided on 19 October 2012

HON’BLE JUDGES
N.K. Patil, J · B.V. Nagarathna, J
RESULT
Dismissed
CASE NUMBER
Review Petition No. 343 of 2012

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Judgment

4 paragraphs · 229 words

N.K. Patil J.

1.

This Review Petition is filed by the petitioners for review of the judgment dated 1st June 2010, passed in I.T.A. No. 1137/2008, by this Court. Along with this Review Petition, learned counsel for petitioners has filed I.A. No. 1/2012, seeking condonation of delay of 677 days in filing this review petition.

2.

Heard the learned counsel appearing for the review petitioners. After perusal of the statements made in the Affidavit, accompanying the application, it can be seen that the delay of 677 days in filing the review petition has not been explained satisfactorily by showing sufficient cause. The reasons assigned at paragraphs 2 and 3 in the affidavit accompanying the application do not inspire the confidence of this Court nor can any credibility be attached to it. Therefore, I.A.I/2012 is liable to be dismissed as misconceived. However, in the interest of justice and equity, we have heard the learned counsel appearing for review petitioners and also gone through the judgment under review dated 1st June 2010, passed in I.T.A. No. 1137/ 2008. After going through the same, we do not find any good ground to entertain the review petition. Hence, the review petition is liable to be dismissed.

For the foregoing reasons, I.A.I/2012 as also the review petition filed by review petitioners are dismissed both on ground of delay and latches as also on merit.