Asha Pandey v. Acit, Central Circle Muzaffarpur

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4874 of 2014 In MA 553 of 2007 ====================================================== Asha Pandey. W/o Sri Ramashish Pandey. R/o Pathak House, Brahmpura Chowk, Muzaffarpur.

.... .... Petitioner

Versus

ACIT, Central Circle Muzaffarpur.

.... .... Opp. Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sriram Krishna, Advocate For the Respondent/s : Ms. Archana Sinha, Sr.S.C. with Mr. Suman Kr. Mishra, Jr. S.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 28-04-2015 Heard learned counsel for the petitioner and learned Sr. Standing Counsel for the Income Tax Department. Learned counsel for the petitioner submits that the connected appeal, being M.A. No. 553 of 2007, stood dismissed due to non-compliance of the peremptory order dated 24.7.2013 passed therein as out of eight defects learned counsel could remove only four in the court room itself and then another matter being called out he rushed to that Court and thereafter forgot to remove the remaining defect Nos. 1, 2 & 4, whereas defect No.8 relates to certain dates which could not have been corrected by him in the absence of specific order of this Court.

Patna High Court MJC No.4874 of 2014 (5) dt.28-04-2015 In the facts and circumstances of the case, M.A. No. 553 of 2007 is directed to be restored to its original file subject to the defects Nos. 1, 2 & 4 being removed within a period of two weeks from today. So far as defect No.8 is concerned, office is directed to again point out the same to the Bench, which shall take up the matter, for appropriate orders.

(Ramesh Kumar Datta, J) (Anjana Mishra, J) spal/- U