Nma/1328/2009 Of The Commissioner Of Income Tax- Tds Mumbai v. State Bank Of Hyderabad

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONNOTICE OF MOTION NO.1328 OF 2009WITHINCOME TAX APPEAL (L) NO.2386 OF 2008 The Commissioner of Income Tax ..Appellant. V/s. State Bank of Hyderabad..Respondent. Mr.P.S.Sahadevan for appellant. None for respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 12TH JUNE, 2009. P.C. :- 1.Heard learned counsel for the appellant and the respondent. Perused the affidavit in support of the Notice of Motion. For the reasons stated in the affidavit, Notice of Motion is made absolute in terms of prayer clause (a). 2.Learned counsel appearing on behalf of the appellant submits that before preferring the above appeal, permission from COD was not obtained. In this view of the matter, the above appeal stands dismissed with liberty to apply for recall of the order, if the appellant receives permission from COD. Hence the appeal stands is disposed of with liberty to the Revenue to apply for restoration, if permission is received from COD. 3. Notice of Motion and appeal are disposed of accordingly with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)