The High Court allowed a notice of motion to recall an order dismissing the revenue's appeal for want of prosecution, accepting that the revenue's counsel's absence resulted from miscommunication.
Notice of motion allowed; order dated 7th January 2016 recalling dismissal for want of prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION LOD.NO.394 OF 2016 IN INCOME TAX APPEAL NO.2395 OF 2013
The Pr Commissioner of Income Tax-5, Mumbai
..Applicant
In the Matter between:
The Commissioner of Income Tax-5, Mumbai ..Appellant - Versus - M/s. Mahameru Trading Co. Pvt. Ltd.Mumbai ..Respondent
..Respondent
Mr. Abhay Ahuja for Revenue
CORAM : M.S.SANKLECHA, & B.P.COLABAWALLA, JJ DATE : 4th March 2016.
P.C.
1] This notice of motion seeks recall of the order dated 7th January 2016 passed by this Court, dismissing the revenue's appeal for want of prosecution.
2] We have perused the affidavit in support of the notice of motion and are satisfied that the non appearance of the Advocate on behalf of Revenue was on account of miscommunication.
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clause (a) and (b).
1 issue framed by the court
Whether the revenue's application for recall of an order dismissing appeal for want of prosecution should be allowed due to miscommunication regarding the advocate's non-appearance.
The Pr Commissioner of Income Tax-5, Mumbai
M/s. Mahameru Trading Co. Pvt. Ltd.
M.S. Sanklecha
B.P. Colabawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
