Hutatma Kisan Ahir Sahakari Sakhar Karkhana Ltd., Sangli v. Joint Commissioner Of Income Tax, Special Range-1, Kohapur

IN THE HIGH COURT OF JUDICATURE AT BOMBAYO. O. C. J. NOTICE OF MOTION NO.4110 OF 2009 ININCOME TAX APPEAL (L) NO.813 OF 2006 Hutatma Kisan Ahir Sahakari Sakhar Karkhana Ltd., Sangli....Appellant. Vs. Joint Commissioner of Income Tax, Special Range-1, Kohapur....Respondent. ..... Mr.Ajit M.Savagare i/b. Mr.S.S. Patwardhan for the Appellant.Mr. Vimal Gupta for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD &J.P.DEVADHAR, JJ. 16[th] February, 2010. P.C. : The appeal was dismissed for non-compliance of a conditional order for the removal of office objections. The conditional order was passed as far back as on 24[th] April 2007, whereas a Notice of Motion has been taken out on 19[th] November 2009. We have perused the affidavit in support of the Notice of Motion. We are of the view that in the interests of justice, delay should be condoned and the appeal should be restored to file, subject, however, to the payment of costs, quantified at Rs.15,000/-. In the circumstances, the Notice of Motion is made absolute in terms of prayer clauses (a) and (b), conditional on the applicant paying to the Respondent costs quantified at Rs.15,000/- within a period of four weeks from today. ( Dr.D.Y.Chandrachud, J.) ( J.P.Devadhar, J.)