The Commissioner Of Income-Tax v. M/S.kopran Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.353 OF 2010ININCOME TAX APPEAL NO.1639 OF 2009 The Commissioner of Income-tax Versus M/s.Kopran Limited ..Appellant. ..Respondent. Mr.Suresh Kumar for the appellant.Mr.Subhash S. Shetty i/by Arvind Rathod & Co., for the respondent. CORAM : Dr.D.Y. Chandrachud & J.P. Devadhar, JJ. DATE : 26[th ]February, 2010. P.C. : 1.The Notice of Motion has been taken out for condoning the delay and for restoration the appeal, which stands dismissed for non-removal of office objections in pursuance of a conditional order dated 28th April 2009. In our view, the reasons which have been indicated in the affidavit in support of the Notice of Motion are not satisfactory. However, in the interests of justice and since the revenue implications involved in the appeal are quantified at Rs.2.68 crore, we deem it appropriate to condone the delay, subject to the payment of costs quantified at Rs.5,000/- which shall be a condition precedent. Costs shall be paid to the respondent within a period of two weeks from today. On condition of such payment, the Notice of Motion is made absolute in terms of prayer clauses (A) and (B). The office objections shall be removed within a period of four weeks from today, failing which the Appeal shall stand dismissed for want of prosecution without further reference to the Court. (J.P. Devadhar, J.) (Dr.D.Y. Chandrachud, J.)