The Commissioner Of Income Tax, Alwar v. M/S Shree Hari Industries(Hom), Bharatpur

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHANBENCH AT JAIPUR D.B. MISC. RESTORATION APPLICATION NO.619/2011IN D.B. INCOME TAX APPEAL NO.867/2008 THE COMMISSIONER OF INCOME TAX, ALWAR Vs. M/s SHREE HARI INDUSTRIES(HOM), BHARATPUR DATE: 06.01.2012 HON'BLE THE CHIEF JUSTICE MR. ARUN MISHRA'HONBLE MR. JUSTICE NARENDRA KUMAR JAIN-I Ms. Parinitoo Jain, for the applicant/appellant. **** There is delay of 65 days in filing the restorationapplication. For the reasons stated in the application underSection 5 of the Limitation Act, delay of 65 days is condoned.Application under Section 5 of the Limitation Act standsallowed. The appeal was dismissed for non-compliance ofthe order of this Court dated 02.05.2011. The case wasdismissed due to mistake of the counsel, for which litigant maynot suffer. Considering the aforesaid aspect, we are inclined torestore D.B. Income Tax Appeal No.867/2008 to its originalnumber, subject to the condition that the appellant shall pay asum of Rs.250/- as cost and make compliance of the orderdated 02.05.2011. In case, appellant deposits Rs.250/- ascost with the Rajasthan State Legal Services Authority and : 2 : make compliance of the order dated 02.05.2011 within 15days from today, the appeal shall stand restored to its originalnumber. The restoration application stands disposed of accordingly. (NARENDRA KUMAR JAIN-I),J. (ARUN MISHRA),CJ. /KKC/