Jai Corp Limited v. Assistant Commissioner Of Income Tax Circle - 3-2-1

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 29th July, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/331/2025 in ITXAL/17682/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Aanchal Vyas i/b. Dharan Gandhi, Advocate for the applicant.

P.C.:

The present Chamber Order is taken out by the applicant for setting aside Order dated 28.04.2025, rejecting captioned Appeal under O.S.Rule 986 for non-removal of office objections.

Ld. Advocate for the applicant submits that respondents were served with the Chamber Order as per Affidavit of Service, filed on 24.07.2025. Despite service, none appeared for and on behalf of the respondents.

Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory.

It is contended that impugned Order of the Tribunal was passed in wrong name and the applicant was in process to get said order rectified. However, in the meantime, captioned Appeal got dismissed for non-compliance of office objections. Ld.

Advocate for the applicant submits that she will get rectified copy of said order within twothree weeks and therefore, prays for restoration of captioned Appeal.

Grounds raised on Affidavit, appear to be genuine and substantial justice cannot be denied on technical ground. Moreover, none appeared for the respondents to resist the present Chamber Order. Hence, I am of the view that the applicant should get one opportunity to pursue with the captioned Appeal. However, it would be just and proper to impose some cost on the applicant so that the applicant would be more diligent in pursuing captioned Appeal. Hence, in the interest of justice, the present Chamber Order

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 29th July, 2025 contd....

CHOL/331/2025 in ITXAL/17682/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) is granted as prayed subject to payment of cost of Rs. 5,000/- to 'The High Court Employees Medical Welfare Fund at Mumbai' - Bank of India, Mumbai (Main) Branch, Account No. 000120110001337, IFSC CODE :

BKID0000001. Accordingly, Chamber Order is signed separately.

The appellant to remove office objections on the Appeal and get the same registered and/or numbered within four weeks from the date of payment of cost, failing Appeal to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 29.07.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.07.29 17:56:48 +0530 RAJEEV VIJAY ACHARYA