Nma/412/2018 Of The Pr. Commissioner Of Income Tax-1 v. Honeywell Turbo Technologies(India) Pvt.ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 412 OF 2018IN INCOME TAX APPEAL (L) NO. 1948 OF 2017 Pr. Commissioner of Income Tax-1Pune.. Applicant In the matter betweenPr. Commissioner of Income Tax-1Pune.. Appellant v/s. Honeywell Turbo Technologies (India) Pvt. Ltd. ..RespondentPune Mr. Tejinder Singh for the applicant / orig. appellantMs. Jasmin Amalsadvala i/b PDS Legal for the respondent CORAM : M.S. SANKLECHA & SANDEEP K. SHINDE, J.J. DATED : 8[th] JUNE, 2018. P.C. 1.This application has been taken out to set aside the order dated 9[th] November, 2017 passed by the Prothonotary and Senior Master by self operating order. The appeal stood dismissed for non-prosecution of office objections on or before 7[th] December, 2017 under Rule 986 of the Bombay High Court (O.S.) Rules. 2.The affidavit-in-support of the Notice of Motion points out that 412-18-NMA-24=.doc the advocate's clerk had removed the office objections on 20[th ]November, 2017 but due to oversight, he forgot to take extension of time to remove the further objections. 3.Mr. A.K. Jha, the Deputy Commissioner of Income Tax in the affidavit-in-support points out that he became aware of the dismissal of the appeal for non-removal of office objections on second week of March, 2018 and immediately thereafter he took steps to take out the present notice of motion. 4.We are satisifed with the reasons indicated in the affidavit-in-support and allow the motion in terms of prayer clauses (a) and (b). (SANDEEP K. SHINDE J.) (M.S. SANKLECHA, J.)