The Commissioner Of Income Tax-I, Pune v. Ameya Developers Private Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE OF MOTION NO.3752 OF 2009 ININCOME TAX APPEAL NO.390 OF 2010 The Commissioner of Income Tax-I, Pune..Appellant. Vs.Ameya Developers Private Limited ..Respondent. .... Mr. Vimal Gupta for the Appellant.None for the Respondent. CORAM : DR. D.Y.CHANDRACHUD & J.P. DEVADHAR, JJ. P.C.: The Petition was dismissed for non-removal of office objections pursuant to a conditional order dated 17[th] June, 2009. We have perused the affidavit in support and find that no justifiable reason has been set out for the lack of diligence on the part of the Revenue in removing the office objections. Nonetheless in the interests of justice, we are of the view that an order for costs should be passed conditional upon which the appeal can be restored to file. In the circumstances, the Notice of Motion is made absolute in terms of prayer clauses A and B. This will be subject to the payment of costs quantified at Rs.1,500/- to the Maharashtra Legal Services Authority within a period of two weeks from today. We are informed by counsel appearing on behalf of the Revenue that the Respondent has been served. Since no appearance has been filed on behalf of the Respondent, we have issued a direction for the payment of costs to the Maharashtra Legal Services Authority. Conditional on compliance with the direction for payment of costs, time for removal of office objections shall stand extended by a further period of eight weeks from today failing which the appeal shall stand dismissed for want of prosecution without further reference to the Court. The Notice of Motion is accordingly disposed of. (Dr. D.Y.Chandrachud, J.) (J.P. Devadhar, J.)