Director Of Income Tax (International Taxation v. Argoma N.v

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3617 OF 2009 ININCOME TAX APPEAL (L) NO.367 OF 2008 Director of Income Tax (International Taxation) Versus Argoma N.V. ..Appellant. ..Respondent. Mr.Suresh Kumar for the appellant.Mr.Sumeet Raghani i/by PDS Legal for the respondent. CORAM : Dr.D.Y. Chandrachud & J.P. Devadhar, JJ. DATE : 26[th ]February, 2010. P.C. : 1.The notice of motion is taken out for restoration of an appeal which stands dismissed for non-removal of office objections pursuant to a conditional order dated 15[th] June 2009. In our view, the interests of justice would require that the appeal be restored to file subject to payment of costs. We find that conditional orders for removal of office objections are not diligently complied with by the Revenue, as a result of which the appeals are not numbered and remain pending for admission. In these circumstances while in the present case we are restoring the appeal, we do so subject to payment of costs quantified at Rs.1,500/- to be paid to the respondent. The payment of costs shall be a condition precedent and shall be effected within a period of two weeks from today. Time to remove office objections is extended by a period of four weeks from today, failing which the appeal shall stand dismissed for want of prosecution without any further reference to the Court. 2.The notice of motion is made absolute. There shall be no order as to costs. (J.P. Devadhar, J.) (Dr.D.Y. Chandrachud, J.)