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Bombay High CourtCA/5408/2023admittedallowedgrantedrule absolute

Dellip Kotecha v. Assistant Commissioner Of Income Tax Nashik

2024-02-09Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2024:BHC-AUG:2871-DB ca 5408.23.odt

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 957 CIVIL APPLICATION NO. 5408 OF 2023 IN ITA ST/26047/2022 Dellip Kotecha

VERSUS

Assistant Commissioner Of Income Tax Nashik ...

Advocate for Applicant : Mr. Ram D. Heda .....

CORAM : SMT. VIBHA KANKANWADI & S. G. CHAPALGAONKAR, JJ.

Dated : February 09, 2024 .....

PER COURT :- 1.

Heard learned advocate for the applicant.

2.

Present application is filed for setting aside the order passed by the learned Registrar (Judicial) on 6.12.2022 and condoning of delay in filing the application for restoration. 3.

It appears that the applicant filed Tax Appeal which was scrutinized by the office of this court and office objections were found. Time was granted to remove the office objections. Ultimately, by order dated 6.12.2022 conditional order came to be passed by granting time of two weeks. The appellant was directed to remove office objections, failing which it was stated that registration of the appeal would stand automatically refused. 4.

Respondent is served. However, nobody has caused appearance.

5.

In view of the reason given for the delay has gone unchallenged and, therefore, delay stands condoned.

ca 5408.23.odt 6.

The learned advocate for the applicant/appellant submits that he is ready to remove office objections. In view of the same the application stands allowed. The appeal is restored. Office objections to be removed within a period of three (3) weeks from today and, thereafter, office to give number upon scrutinizing the Tax appeal.

7.

Civil application stands disposed off.

( S. G. CHAPALGAONKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) ...

aaa/-