M/S. Bhanwar Ali Habib Mohd. & Party, Jaipur v. Commissioner Of Income Tax, Raj-I, Jaipur

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHANJAIPUR BENCH, JAIPUR D.B. CIVIL MISC. RESTORATION APPLICATION NO. 137/2012IN D.B. INCOME TAX APPEAL NO. 293/2005 M/S. BHANWAR ALI HABIB MOHD. & PARTY, JAIPURVS.COMMISSIONER OF INCOME TAX, RAJ-I, JAIPUR. Date: 30.03.2012 HON'BLE THE CHIEF JUSTICE MR. ARUN MISHRA'HONBLE MR. JUSTICE NARENDRA KUMAR JAIN-I Mr. P.K. Kasliwal, for the appellant-applicant. There is delay of 191 days in filing restorationapplication. For the reasons mentioned in the applicationunder Section 5 of the Limitation Act duly supported byaffidavit, delay of 191 days is condoned. I.A. No. 560/2012 is disposed of. Income tax appeal was dismissed for non-compliance of the order of this court dated 28.04.2011. Thecase was dismissed due to mistake of the counsel. Litigantmay not suffer for the mistake of the counsel. Considering the aforesaid aspect, we are inclinedto restore D.B. Income Tax Appeal No. 293/2005 to itsoriginal number, subject to the condition that the appellantshall pay a sum of Rs.500/- as cost and make compliance ofthe order dated 28.04.2011. In case, the appellant depositsRs.500/- as cost with the Rajasthan State Legal Services Authority and makes compliance of the order dated28.04.2011 within two weeks from today, income tax appeal shall stand restored to its original number. The restoration application stands disposed of accordingly. (NARENDRA KUMAR JAIN-I),J. (ARUN MISHRA),CJ. Manoj “All corrections made in the judgment/order have beenincorporated in the judgment/order being emailed.” MANOJ NARWANIJUNIOR PERSONAL ASSISTANT.