The Commissioner Of Income Tax – Ltu, Mumbai v. Reliance Industries Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3584 OF 2009 IN INCOME TAX APPEAL (L) NO.1686 OF 2009 The Commissioner of Income Tax – LTU, Mumbai ..Appellant. Versus Reliance Industries Limited ..Respondent. Ms.Suchitra Kamble for the appellant.Mr.J.D. Mistri with Mr.Raj Darak and Mr.Raj Tripathi for the respondent. CORAM : Dr.D.Y. Chandrachud & J.P. Devadhar, JJ. DATE : 3[rd] February, 2010 P.C. : 1.A conditional order was passed on 22[nd] July 2009 for the removal of office objections within a period of eight weeks and it was observed that failing this, the appeal shall automatically stands dismissed without further reference to the Court. In terms of the conditional order, the appeal has already stands dismissed for non removal of office objections. Hence, the notice of motion for condonation of delay would not survive. In any event, following the judgment of this Court in CIT V/s. Grasim Industries Limited (Notice of Motion No.787 of 2009 in Income TaxAppeal (L) No.3592 of 2008) decided on 8th July 2009, it would have to be held that this Court has no power to condone the delay. In the circumstances, the notice of motion is dismissed. There shall be no order as to costs. (Dr.D.Y. Chandrachud, J.)