The Pr. Commissioner Of Income Tax – 1, Aurangabad v. Anand Omprakash Pahade, Aurangabad

1 ca 21.20 IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD CIVIL APPLICATION NO. 21 OF 2020ININCOME TAX APPEAL NO. 15 OF 2018 The Pr. Commissioner of Income Tax – 1, Aurangabad .. Applicant Versus Anand Omprakash Pahade, Aurangabad .. Respondent Shri Alok M. Sharma, Advocate for the Applicant. CORAM :S. V. GANGAPURWALA ANDSHRIKANT D. KULKARNI, JJ. DATE :14TH FEBRURY 2020. FINAL ORDER : .We have heard the learned counsel for the applicant. 2.Though the respondent is served, none appears for therespondent. 3.Mr. Sharma, the learned counsel for the applicant submitsthat, due to miss communication between the department andthe learned advocate, the appeal was withdrawn, however,subsequently letter dated 24[th] September, 2019 received from thedepartment could not be noticed that the appeal cannot bewithdrawn in view of Circular dated 20[th] August, 2018. 2 ca 21.20 4.We feel that there was bonafide mistake. In the light ofthat, the order dated 11.12.2019 passed in Income Tax AppealNo. 44 of 2019 is recalled and Income Tax appeal No. 44 of 2019is restored to its original position. 5.The civil application is disposed of. [SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] bsb/Feb. 20