Nmw/151/2006 Of Ventura Textile Corporation Ltd v. The Commissioner Of Income Tax-8

IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J. NOTICE OF MOTION NO.151 OF 2006INWRIT PETITION NO. 2350 OF 2005 Ventura Textiles Lmited..Petitionerv/s.Income Tax Officer, Ward-9(3)(4),Mumbai and others .. Respondents Mr.S.R.Chauhan for the applicant in support of notice of motion.Mr.A.K.Jasani for the petitioner to show cause. CORAM : R.M. LODHA & J.P.DEVADHAR, JJ. P.C. DATED : 31ST MARCH, 2006. Heard Mr.S.R.Chauhan, counsel for the revenue. 2.By the order dated 20[th] September, 2005, the Division Benchof this court while disposing of the writ petition expected theappellate authority to dispose of the appeal as expeditiously aspossible and at any rate within three months from the date of theorder. 3.The appellate authority did not dispose of the appeal withinthree months and made an application by way of notice of motion No.665 of 2005 for extension of time by six months for disposal ofthe appeal. 4.By the order dated 20[th] December, 2005, considering thefact that certain information has to be obtained from outside India,this court extended time for disposal of the appeal until the end ofMarch, 2005. 5.The appeal has not been disposed of despite the extension oftime granted on 20[th] December, 2005 and by this notice of motionagain prayer is made by the appellate authority for extension oftime by six months for disposal of appeal. 6.The counsel for the revenue reiterates the reason which wasput forth while seeking extension on the earlier occasion that theinformation that was to be obtained from outside has not beenreceived. 7.We are afraid, for the stated reason time and again, the timefor disposal of the appeal cannot be extended. 8.If an order is passed by the court to an authority for disposalof the proceeding within the particular time frame, the authority isexpected to proceed with the matter in such a manner that thedirection is complied with and proceeding is disposed of withintime. In the present case, the extension has already been given once but still the appeal has not been disposed of by the appellateauthority. 9.By way of last chance, we extend the time for disposal of theappeal by 30[th] April, 2006. Notice of motion stands disposed of. (R.M.LODHA, J.) (J.P.DEVADHAR, J.)