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The Commissioner of Income Tax Central-III, Mumbai Versus Haryana Ship Breakers Ltd.

2015 (8) TMI 851 - BOMBAY HIGH COURT

Condonation of delay - dismissal of the appeal for nonremoval of office objection - Held that:- It is very clear from the facts as stated that the applicants were aware of its appeal having being dismissed on 23 July 2009 itself when they were repres .....

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ier to 12 June 2012. No explanation is offered as to why even after knowledge of the order dated 23 July 2009 the applicants took no steps to take out the present notice of motion which was registered on 12 June 2012. As no satisfactory explanation h .....

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JJ. For the Appellant : Mr P C Chhotaray For the Respondent : Mr Atul Sajani ORDER P.C. This notice of motion taken out by the revenue is for a recall of the order dated 23 July 2009 passed by this Court. 2. The order dated 23 July 2009 reads as und .....

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lated therein, failing which the appeals shall stand dismissed without reference to the Court. 2. Admittedly, the office objections have not been removed in all the above appeals within the stipulated time though the appeals are pending in this Court .....

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ections are removed within the stipulated time nor extension of time is sought for removing the office objections. As a result, the conditional order has become operational and all the above appeals stood dismissed for want of removal of office objec .....

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ted that no directions are necessary and the earlier order by which the appeal stood dismissed would continue. Therefore, the application seeking to recall the order dated 23 July 2009 by the revenue is misconceived. 4. Be that as it may. even otherw .....

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October 2009 being Review Petition (L) No.80 of 2009. It was dismissed on 3 May 2012 as none was present on behalf of the review petitioner i.e. the revenue. Thereafter the present notice of motion was taken out by the revenue and it was registered o .....

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