Bombay High Court
The Commissioner Of Income Tax Ltu ... vs Glenmark Pharmaceuticals Ltd on 11 March, 2020
Bench: Ujjal Bhuyan, Milind N. Jadhav
Priya Soparkar 1 18 ia 1-20 in itxa 1949-11-o
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION OF 1 OF 2020
IN
INCOME TAX APPEAL (IT) NO.1949 OF 2011
Commissioner of Income Tax-LTU, Mumbai. ... Applicant
/Appellant
V/s.
Glenmark Pharmaceuticals Ltd. ... Respondent
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Mr.Suresh Kumar, Advocate for the Appellant/Applicant.
Mr.Atul K. Jasani, Advocate for the Respondent.
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CORAM : UJJAL BHUYAN &
MILIND N. JADHAV, JJ.
DATE : MARCH 11, 2020 P.C.:-
1. Heard Mr.Suresh Kumar, learned standing counsel, Revenue for the applicant/appellant; and Mr.Atul K. Jasani, learned counsel for the respondent/assessee.
2. This interim application has been filed by the applicant/appellant for recall of the order dated 7 th November, 2019 and also to condone the delay of 75 days in filing the present interim application.
3. It is submitted that the related Income Tax Appeal being Income Tax Appeal No.1949 of 2011 was dismissed on withdrawal in terms of CBDT Circular No. 17 of 2019 dated 8th August, 2019 on the ground that the tax effect was below ::: Uploaded on - 13/03/2020 ::: Downloaded on - 13/03/2020 21:55:30 ::: Priya Soparkar 2 18 ia 1-20 in itxa 1949-11-o the prescribed limit of Rs.1 crore being Rs.61,85,505.00 as mentioned in paragraph No.9 of the memorandum of appeal. Subsequently, on verification it was found that there was error in computing the tax effect, the tax effect being Rs.10,16,05,586.00 which is higher than the monetary limit of Rs.1 crore in terms of the aforesaid circular.
4. In the process of verification and subsequent filing of the interim application, there occurred the delay of 75 days.
5. After hearing learned counsel for the parties and on due consideration, we feel that delay in filing the interim application be condoned and the order passed by this court on 7th November, 2019 be recalled.
6. Ordered accordingly.
7. Income Tax Appeal No.1949 of 2011 be restored to file.
8. Interim application is accordingly allowed.
9. Office to list the related appeal for final hearing as per its turn.
(MILIND N. JADHAV, J.) (UJJAL BHUYAN, J.) ....
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