Dy. Commissioner Of Income Tax – 1(2), Mumbai v. M/S.mtz (Industries) Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3762 OF 2009 ININCOME TAX APPEAL (L) NO.340 OF 2008 Dy. Commissioner of Income Tax – 1(2), Mumbai Versus M/s.MTZ (Industries) Limited ..Appellant. ..Respondent. Mr.Suresh Kumar for the appellant.None for the respondent. CORAM : Dr.D.Y. Chandrachud & J.P. Devadhar, JJ. DATE : 26[th ]February, 2010. P.C. : 1.None for the respondent, though served. 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 Maharashtra State Legal Services Authority. 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.)