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Bombay High CourtCA/6177/2018disposed offdismissed for default

The Pr. Commissioner Of Income Tax-2, Aurangabad v. M/S Sab Miller Breweries Pvt. Ltd., Aurangabad

2018-07-10Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice S. M. Gavhane2 pages

6177.18ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6177 OF 2018 IN INCOME TAX APPEAL NO.76 OF 2015 The Pr. Commissioner of Income Tax-2, Aaykar Bhavan, Near Holy Cross English High School, Cantonment, Aurangabad ..APPLICANT

VERSUS

M/s SAB Miller Breweries Pvt. Ltd., Plot No.99, MIDC, Waluj, Aurangabad ..RESPONDENT Mr Alok M. Sharma, Advocate for applicant CORAM : PRASANNA B. VARALE AND S. M. GAVHANE, JJ.

DATE : 10th July, 2018 ORAL ORDER:

Heard Mr Sharma, learned Counsel appearing on behalf of the applicant-appellant.

2.

By the present application, applicant prays for issuance of notice to the respondent on fresh and new address. It is submitted that by an order dated 12th December, 2017, this Court had issued notice to the respondent, making the same returnable on 20th February, 2018, but for the change in address of the respondent, notice could not be served effectively.

6177.18ca (2) 3.

Learned Counsel for the applicant further submitted that now the department could seek the fresh address of respondent and the same is supplied in the application. He, thus prays for allowing the application, thereby issuing fresh notice to the respondent. 4.

In view of the submission of Mr Sharma, learned Counsel for applicant as well as for the reasons stated in the application, the application is allowed.

5.

Issue fresh notice to the respondent on the address incorporated in the application, making the same returnable on 31st July, 2018. Civil Application is disposed of accordingly. (S. M. GAVHANE, J.) (PRASANNA B. VARALE, J.) sjk