The Commissioner Of Income Tax, City Vii v. M/S Searle (India) Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 392 OF 2011ININCOME TAX APPEAL NO.524 OF 2010 The Commissioner of Income Tax, City VII.. AppellantVs.M/s Searle (India) Ltd. .. Respondent. Mr. Suchitra Kamble for the Appellant.Mr. B.V. Jhaveri for the Respondent. P.C. This Notice of Motion is taken out by the Revenue seeking the condonation of delay of 419 days in filing the Appeal and also for setting aside the order dated 16.06.2009. The Motion is opposed by the counsel for the Respondent Assessee. Perusal of the affidavit in support of the Notice of Motion shows that no sufficient cause is shown for condoning the delay. However, looking to the Revenue involved in the Appeal, in our opinion, the ends of justice would be met if the delay is condoned subject to payment of 906 NMA 392.11 .doc costs. Accordingly, the Notice of Motion is made absolute in terms of prayer clause (a) subject to payment of costs of Rs. 5,000/- to be paid by the Appellant to the Respondent within a period of two weeks from today. The Appellant to remove the office objection within two weeks from today. (J.P. DEVADHAR, J.) (K.K. TATED, J.)