Nma/1031/2016 Of Commissioner Of Income Tax 10 v. Iot Infrastructure And Energy Services Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1031 OF 2016( NMA (L) No. 937 of 2016 ) ININCOME TAX APPEAL NO. 2223 OF 2013 Pr. Commissioner of Income Tax-10Mumbai .. Applicant In the matter between Pr. Commissioner of Income Tax-10Mumbai .. Applicant v/s. IOT Infrastructure & Energy Services Ltd. .. Respondent Mr. Suresh Kumar a/w Ms. Samiksha Kanani for the applicant Ms. Vasanti Patel for the respondent CORAM : M.S. SANKLECHA & A.K. MENON, J.J. DATED : 1[st] APRIL, 2016. P.C. 1.This Notice of Motion has been taken out for recall of the order dated 15[th] December, 2015 passed by this Court dismissing the Revenue's appeal for non-prosecution. 2.We find that on 15[th] December, 2015 this appeal was dismissed in the morning session. However, on that date itself in the afternoon Mr. Arvind Pinto, learned Counsel for the Revenue sought restoration of the appeal. However, as the same was sought without giving notice to the other side and it was not represented before us, the appeal could not be restored on that date. 3.In the above view, the the present notice of motion is allowed after condoning the delay in taking out the Notice of Motion. Thus, appeal is restored to the file of this Court. 4.Accordingly, the Notice of Motion is allowed. No order as to costs. (A.K. MENON, J.) (M.S. SANKLECHA, J.)