The Commissioner Of Income Tax v. M/S.healing Cross Pharma Private Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2686 OF 2009 ININCOME TAX APPEAL NO.279 OF 2011 The Commissioner of Income Tax Versus M/s.Healing Cross Pharma Private Limited ..Appellant. ..Respondent. Mr.Suresh Kumar for the appellant.Mr.Nitesh Joshi i/by Mr.Sanjay Udeshi & Co. for the respondent. CORAM : J.P. Devadhar & Smt.R.P. Sondurbaldota, JJ. DATE : 8[th] June, 2011. P.C. : 1.This Notice of Motion is taken out for setting aside the order dated 1-6-2008. By the said order, the appellant was directed to remove the office objections within four weeks, failing which the appeal was to stand dismissed without further reference to the Court. In the present case, in spite of time granted by this Court, the appellant has not removed the office objections, as a result whereof the appeal came to be dismissed. Moreover, there is considerable delay in taking out the present Notice of Motion. Though the reasons set out in the affidavit in support of the Notice of Motion do not disclose sufficient cause, in view of the fact that the question raised in this appeal prima facie covered by a Full Bench decision of this Court in the case of Plastibends India Limited V/s. Assistant Commissioner of Income Tax reported in 318 ITR 352, which is disputed by the Counsel for the assessee, we are inclined to allow the Notice of Motion, subject to payment of costs. 2.Accordingly, the Notice of Motion is made absolute in terms of prayer clause (a) and (b), subject to payment of costs of Rs.5,000/- to be paid to the respondent within two weeks from today. (Smt.R.P. Sondurbaldota, J.) (J.P. Devadhar, J.)