The Commissioner Of Income Tax v. M/S Allied Aviation

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2049 OF 2010IN INCOME TAX APPEAL NO. 5842 OF 2010WITHREVIEW PETITION (ST) NO. 67 OF 2010IN INCOME TAX APPEAL (ST) NO. 2383 OF 2009 The Commissioner of Income Tax Vs. M/s Allied Aviation ..Applicant ..Respondent .... Mr. A.R. Malhotra a/w N.A. Kazi, Advocates for Applicant.Mr. Neeraj Seth a/e Rajesh Poojari, Advocates i/b MINT &Confreres for Respondent. .... CORAM : M.S. SANKLECHA & G.S. KULKARNI, JJ.DATED : 28 AUGUST 2015 P.C.: This notice of motion seeks condonation of delay of 181days in filing the petition to review the order dated 24 November2009. We are satisfied with the reasons pointed out leading to thedelay in filing the review petition. 2.Accordingly, the Notice of Motion is allowed in terms ofPrayer Clause (A). 3.Mr. Malhotra, the learned Counsel for revenue states thaton the last occasion the Bench hearing this matter had directed himto produce a copy of the Special Leave Petition filed by thedepartment. The same according to him is not available either withthe Revenue or with Registry of the Supreme Court. However whenwe asked him for the order of Supreme Court dismissing the SpecialLeave Petition so as to examine whether there are any observationsrecorded by the Supreme Court, Mr. Malhotra states that he doesnot have the same but will try to obtain the copy of the order. 4.Accordingly, at his request, hearing of the review petitionis adjourned to 11 September 2015. [G.S. KULKARNI, J] [M.S. SANKLECHA, J.]