The Commissioner Of Income Tax v. M/S. Mac Transport Co

IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION REVIEW PETITION NO (L) NO. 29 OF 2008 IN NOTICE OF MOTION NO. 1245 OF 2008 ORDINARY ORIGINAL CIVIL JURISDICTION REVIEW PETITION NO (L) NO. 29 OF 2008 IN NOTICE OF MOTION NO. 1245 OF 2008 IN INCOME TAX APPEAL (L) NO. 1187 OF 2005 IN INCOME TAX APPEAL (L) NO. 1187 OF 2005 The Commissioner of Income Tax ... Appellant The Commissioner of Income Tax ... Appellant Versus M/s. Mac Transport Co. ... Respondent Mr. A.S. Shivsharan with Mr. P.S. Sahadevan for the Appellant. None for Respondent. CORAM: F.I. REBELLO, &R.S. MOHITE, JJ. CORAM: F.I. REBELLO, & R.S. MOHITE, JJ. DATED: JANUARY 15, 2009 P.C. P.C. . This review is preferred against the order of this court dated 29.4.2008. . This court by its order had condoned the delay subject to payment of cost as also removal of office objections. The order notes that the affidavit in support of the motion does not even mention what steps have been taken to get the appeal numbered. The same could not be numbered within four weeks. In the light of that, court held that they are not satisfied and accordingly dismissed the Notice of Motion No. 1245 of 2008. The review has been preferred against the said order. . We had asked the leaned counsel as to what are the errors apparent for us to exercise our review jurisdiction as we are not sitting in appeal over the order of the learned Bench. As no case is made out to exercise our review jurisdiction, the present motion stands dismissed. We make it clear that the dismissal of this motion and consequential dismissal of the appeal will not result in the merger of the order of the I.T.A.T. and the questions raised in other appeals can still be agitated. (F.I. REBELLO,J.) (R.S. MOHITE, J.)(F.I. REBELLO,J.) (R.S. MOHITE, J.) (F.I. REBELLO,J.) (R.S. MOHITE, J.)