The Commissioner Of Income Tax – 2, Mumbai v. M/S.basil Exports Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1244 OF 2010 IN INCOME TAX APPEAL (L) NO.814 OF 2007 The Commissioner of Income Tax – 2, Mumbai Versus M/s.Basil Exports Limited ..Appellant. ..Respondent. Mr.Vimal Gupta for the appellant.Mr.Atul K. Jasani for the respondent. CORAM : Dr.D.Y. Chandrachud & J.P. Devadhar, JJ. DATE : 13 August 2010. P.C. : 1.The appeal has been dismissed for non-compliance of a conditional order dated 4 April 2009 for removal of office objections. In our view, the interests of justice would require that the prayer in the motion for restoration should be allowed subject to payment of costs quantified at Rs.2,500/- to the Respondent within a period of four weeks from today. 2.Subject to payment of costs as quantified above, the notice of motion is made absolute in terms of prayer clause (a) and the appeal is restored to file. Time to remove office objections shall stand extended by a period of four weeks from the date on which the payment of costs is effected. Failing compliance, the appeal shall stand dismissed for non-compliance without any further reference to the Court. 3.The notice of motion is accordingly disposed of. There shall be no order as to costs. (J.P. Devadhar, J.) (Dr.D.Y. Chandrachud, J.)