The Commissioner Of Income Tax-I, Jaipurvs.smt. Rashmi Malpani v. Gomber

{1} DB CIVIL REVIEW PETITION 2/2013 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHANBENCH AT JAIPUR O R D E R D.B. CIVIL REVIEW PETITION NO.2/2013IND.B. INCOME TAX APPEAL NO.31/2011 THE COMMISSIONER OF INCOME TAX-I, JAIPURVs.SMT. RASHMI MALPANI Date:18.03.2013 HON'BLE MR. JUSTICE NARENDRA KUMAR JAINHON'BLE DR. JUSTICE SMT. MEENA V. GOMBER **** No one is present on behalf of petitioner. 2.Assessee, Smt. Rashmi Malpani, whowas the respondent in D.B. Income Tax AppealNo.31/2011, has preferred this reviewpetition to review the order dated 07.05.2012passed in D.B. Income Tax Appeal No.31/2011. 3.There is delay of 121 days in filingthe review petition, but no application hasbeen filed for condonation of delay in filingthe review petition. 4.In these circumstances, we have twooptions; first, is to dismiss the reviewpetition as barred by limitation and secondone is to return the original review petitionto the learned counsel for petitioner to filefresh review petition along with applicationunder Section 5 of the Limitation Act, inaccordance with law. {2} DB CIVIL REVIEW PETITION 2/2013 5.We opt second option. 6.Consequently,theRegistryis directed to return the original reviewpetition to the learned counsel for the petitioner, with aforesaid liberty. 7.This review petition be treated as disposed of. (DR.MEENA V. GOMBER),J. (NARENDRA KUMAR JAIN),J. /KKC/ Certificate: All corrections made in the judgment/order have been incorporated in thejudgment/order being emailed. KAMLESH KUMARP.A.