The Commissioner Of Income Tax-5 v. M/S. Mahameru Trading Co. Pvt. Ltd.

YBG nmalod394-16

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 -VersusM/s. Mahameru Trading Co. Pvt. Ltd.Mumbai ..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.

YBG nmalod394-16 3] In the above view, the notice of motion is allowed in terms of prayer clause (a) and (b).

(B.P.COLABAWALLA, J) (M.S.SANKLECHA, J)