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Bombay High CourtNMA/971/2017disposed off

Vodafone India Services Pvt. Ltd. v. Commissioner Of Income Tax -3 And ANR.

2017-10-30Hon'Ble Shri Justice A. K. Menon,Hon'Ble Shri Justice A.S. Oka2 pages

nma971 ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.971 OF 2017 IN INCOME TAX APPEAL NO.82 OF 2015 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.F. Devitre, Senior Counsel i/b Mr.Atul K. Jasani for the Applicant Mr.Abhay Ahuja a/w Mr.Sham Valve for the Respondent Nos.1 and 2.

CORAM : A.S.OKA, & A.K.MENON,JJ.

DATE : OCTOBER 30, 2017 P.C.

The learned senior counsel appearing for the applicant seeks permission to withdraw this Notice of Motion with liberty to file a fresh Notice of Motion for the same relief in Income Tax Appeal No.2151 of 2013.

He seeks this prayer on the basis of the liberty granted by the Division Bench of this Court in paragraph 224 of the Judgment dated 8th October 2015 in Income Tax Appeal No.82 of 2015.

Considering the fact that pursuant

nma971 to the liberty granted, the Notice of Motion could have been filed only in Appeal No.2151 of 2015, we accept the prayer made by the learned counsel for the applicant. Accordingly, the Notice of Motion is disposed of as withdrawn with liberty a prayed.

(A.K.MENON,J.) (A.S.OKA,J.)