Principal Commissioner Of Income Tax 30 v. Ester-Lub Technologies

209-18-nma-17=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 209 OF 2018 IN INCOME TAX APPEAL (L) NO. 750 OF 2015 Pr. Commissioner of Income Tax-30 .. Applicant In the matter between Pr. Commissioner of Income Tax-30 .. Appellant v/s.

Ester-Lub Technologies .. Respondent Mr. Arvind Pinto for the applicant / orig. appellant Mr. Arun Upadhyay for the respondent CORAM : M.S. SANKLECHA & SANDEEP K. SHINDE, J.J.

DATED : 12th APRIL, 2018.

P.C.

1.

This notice of motion has been taken up to condone the delay of 746 days in seeking to set aside the order dated 8th October, 2015 rejecting the applicant's appeal under Rule 986 of the Bombay High Court (Original Side) Rules.

2.

Mr. Pinto, learned Counsel appearing in support of the motion states that he has been instructed to withdraw the motion as the tax effect involved in the accompanying appeal is Rs.13.86 lakhs. Uday S. Jagtap

209-18-nma-17=.doc 3.

Therefore, in view of the CBDT Circular No.21 of 2015 dated 10th December, 2015, the motion is being withdrawn and the appeal is also rendered infructuous as it already stands rejected. (SANDEEP K. SHINDE, J.) (M.S. SANKLECHA, J.) Uday S. Jagtap