Itxa/355/2016 Of M/S Rocket Engineering Corporation (P) Ltd v. The Commissioner Of Income Tax-I,Kolhapur

Priya Soparkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.355 OF 2016 M/s Rocket Engineering Corporation (P) Ltd.… Appellant V/s. The Commissioner of Income Tax-I, Kolhapur.… Respondent --- Mr.Ashok Gade for the Appellant.Mr.P.C.Chhotaray i/by Mr.N.N.Singh for the Respondent. --- CORAM : AKIL KURESHI AND M.S.SANKLECHA, JJ. DATE : NOVEMBER 26, 2018. P.C.:- 1.This appeal is filed by the assessee challenging the orderdated 12[th] January, 2015 passed by the income Tax AppellateTribunal rejecting its application under Section 254(2) of theIncome Tax Act, 1961 seeking rectification of the main judgmentof the Tribunal. Learned counsel for the Appellant was consciousof the fact that by virtue of the judgment of this court, the presenttax appeal would not be maintainable. His option would be tofile Writ Petition instead. The learned counsel however 23 itxa 355-16-o submitted that, instead of pursuing the challenge to therectification order of the Tribunal, the assessee would like tofocus on challenge to the original order of the Tribunal itself. Forsuch purpose, he proposes to file independent tax appeal. Hewould, therefore, not press the present tax appeal. His anxietythat the proposed tax appeal, may be considered delayed, canbe addressed as and when such tax appeal is filed alongwithapplication for condonation of delay. We are conscious that thepresent tax appeal was filed on or around 15[th] June, 2015 andsince then the assessee is bonafide pursuing this appeal. Thiswould of-course be one of the considerations when we wouldexamine the element of delay in challenging the judgment ofthe Tribunal. 2.With these observations, tax appeal is disposed of as notpressed. (M.S.SANKLECHA,J.) (AKIL KURESHI,J.)….