Commissioner Of Income Tax-13 v. M/S. Anil & Co

1 NM No.573/10 in IT Appeal No.269/10 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.573 OF 2010 ININCOME TAX APPEAL NO.269 OF 2010 Commissioner of Income Tax-13 versus M/s. Anil & Co. : Appellant : Respondent. Mr.Suresh Kumar APP for the Appellant.None for the Respondent. P.C. CORAM :- V.C.DAGA & R.M.SAVANT,JJ. DATE :- 27[th] SEPTEMBER ,2010 Heard learned counsel for the Revenue. None for the Respondent. Perused the Motion. 2This court had passed conditional order on 7[th] May 2009 directing the Revenue to remove all office objections. But the Revenue failed to comply with that order. Thereafter the matter appeared on board on 23[rd] July 2009. The very same order dated 07[th] May 2009 was pointed out to the learned counsel appearing for the Revenue to enable them to comply with the said order. In spite of this, no steps were taken by the Revenue to remove the office objections and get the appeal restored to file. 2 NM No.573/10 in IT Appeal No.269/10 3Now the present motion is taken out after expiry of 213 days from the date of expiry of limitation available for taking out such motion. As a matter of fact, no substantial reason is to be found out in the affidavit. Administrative difficulty is only the reason disclosed in the affidavit. However, in the interest of justice, motion is made absolute in terms of prayer clauses (a) and (b) subject to payment of costs of Rs.5,000/-. Costs to be deposited with the High Court Law Library, Original Side within two weeks from today, failing which the motion shall deem to have been rejected. The Notice of Motion is accordingly disposed of. (R.M.SAVANT,J.) (V.C.DAGA,J.)