Monika India v. The Income-Tax Officer Ward – 12(2)(1), Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1166 OF 2009 Monika IndiaVersus ..Appellant. The Income-tax Officer Ward – 12(2)(1), Mumbai ..Respondent. None for the appellant. Mr.Suresh Kumar i/by Ms.Padma Divakar for the respondent. CORAM : Dr.D.Y. Chandrachud & J.P. Devadhar, JJ. DATE : 4[th] March, 2010. P.C. : 1.The appeal has been filed by the assessee against an order of the Income Tax Appellate Tribunal dated 24[th] September 2007 (ITA No.3327/Mum/04) pertaining to assessment year 1993-1994. By an order of this Court dated 6[th ]January 2010, the Advocate who had entered appearance on behalf of the appellant was permitted to be discharged and the partner of the appellant, who was present in the Court stated that he would argue the appeal in person. Subsequently, a praecipe has been filed by Shri S.P. Goyal, partner of the appellant with the Prothonotary & Senior Master on 20[th] February 2010 stating that he wishes to withdraw the appeal since he had obtained relief from the Tribunal by an order dated 9[th] November 2009. A copy of the order of the Tribunal dated 9[th] November 2009 which is placed on record contains a statement to the effect that the order dated 24[th] September 2007 was recalled by the Tribunal on 16[th] February 2009 in a Miscellaneous Application. Subsequently, by the aforesaid order dated 9[th ]November 2009 the appeal filed by the assessee was allowed. 2.In the circumstances, in terms of the request which has been made in the praecipe dated 20[th] February 2010, the appeal is dismissed as withdrawn. There shall be refund of court fee as per rules. (J.P. Devadhar, J.) (Dr.D.Y. Chandrachud, J.)