Nma/3922/2009 Of Commissioner Of Income-Tax-9,Mum v. M/S Earnest Exports Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3922 OF 2009WITHREVIEW PETITION (L) NO.45 OF 2009ININCOME TAX APPEAL (L) NO.1611 OF 2007 The Commissioner Income Tax ..Petitioner. V/s. M/s. Earnest Exports Ltd. ..Respondent. Mr. P.S. Sahadevan for petitioner. Mr. S.C. Tiwari with Ms. Sutapa Saha for respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 17TH NOVEMBER, 2009. P.C. :- 1.Heard learned counsel for the revenue and the learned counsel appearing on behalf of the respondent. By consent of the parties, 22 days delay in filing the Review Petition is condoned. Review petition be numbered. 2.Mr.Tiwari waives service for the respondent in the Review petition. By consent of parties, Review petition is taken up for final hearing. 3. Review petition is filed by the revenue to recall the order passed in Income Tax Appeal (L) No.1611 of 2007 dated 7th May, 2009. We were taken through the judgment of the Apex Court {Honda Siel Power Products V/s. CIT (2007) 295 ITR 466 (S.C.)} referred to in the said order dated 7th May, 2009. Prima facie, we are satisfied that the learned counsel appearing for the revenue had wrongly conceded under bonafide belief that the issue sought to be raised in the appeal was covered by the judgment of the Apex Court referred to above and subsequently the impugned order dated 7th May 2009 came to be passed. The order dated 7th May, 2009 is recalled and the Income Tax Appeal No.1611 of 2007 is restored to the file. The parties are free the argue the appeal on its merits. 2.Notice of Motion and the Review petition are disposed of accordingly with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)