In The Matter Of - M/S. Viraj Steels … v. The Asst. Commissioner Of Income Tax, Circle-5 Pune And Ors. …

DDR IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.761 OF 2019 ININCOME TAX APPEAL (L) NO.1644 OF 2019 M/s. Viraj Steels… Applicant IN THE MATTER OF - M/s. Viraj Steels… AppellantVs. The Asst. Commissioner of Income Tax, Circle-5Pune and Ors.… Respondents …........ Mr. Soumitra Gokhale i/b. Alisha Pinto for the Appellant.Mr. Sham Walve for respondents. …........ CORAM : NITIN JAMDAR &M.S.KARNIK, JJ. DATE : 18 DECEMBER 2019 P.C.:- Heard learned counsel for the parties. 2.By this Notice of Motion the Applicant seekscondonation of delay of 314 days in filing the Appeal. We haveperused the Affidavit in support of the Notice of Motion. Inparagraph 3 of the Affidavit the Applicant has stated that the Applicant had filed Miscellaneous Application which came to bedisposed of on 3 April 2019. Thereafter in paragraph 4 theApplicant states that the matter was entrusted to the Advocate andupon discussions it was filed thereafter on 2 August 2019. 3.Though we are inclined to condone the delay in filingthe Appeal, we are of the opinion to balance equities an impositionof suitable costs is required. Accordingly this Notice of Motion isallowed subject to the Applicant deposit an amount ofRs.10,000/-, which learned counsel for the Respondent suggeststo the Maharashtra Legal Services Authority, within a period of 6weeks from today and produce receipt thereof in the Registry. (M.S.KARNIK, J.) (NITIN JAMDAR, J.) Digitallysigned byDikshaDikshaRaneRaneDate:2019.12.2012:06:09+0530