The Commissioner Of Income Tax v. M/S.mehatech Engg. Services P. Ltd

bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1714 OF 2009IN INCOME TAX APPEAL (L)NO.1539 OF 2008 The Commissioner of Income Tax Vs.M/s.Mehatech Engg. Services P. Ltd. ..Appellant ..Respondent Mr.Saluja for appellant.Mr.A.R.Singh for respondent. CORAM :- V.C.DAGA &J.P.DEVADHAR,JJ. 17[th] June,2009 DATE : P.C. 1.Heard learned Counsel for the parties. 2.The learned Counsel appearing on behalf of respondent successfully pointed out that after receipt of order from the Tribunal, the Department has taken almost 100 days for granting approval to file an appeal and the said delay has not been explained. He has also pointed out, that the further delay of 100 days has not been explained by the Department, in spite of the fact that the appeal memo and stamp papers were ready for filing. However, considering the manner in which the Department of Revenue functions, the delay is being condoned, subject to payment of costs of Rs.10,000/- to be deposited with this Court for being paid to the respondent, within two weeks from today. 3.It would be open for the Department to recover the said costs of Rs.10,000/- from the concerned officer who is responsible for filing the affidavit in the matter, following principles of natural justice. 4.Registry is directed to register the appeal and place it for admission. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)