Commissioner Of Income Tax, Central-I. ... vs M/S East End Silks (P) Limited on 18 July, 2016

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Commissioner Of Income Tax, Central-I. ... vs M/S East End Silks (P) Limited on 18 July, 2016

Bench: Abhay Manohar Sapre

                                                      1

     ITEM NO.24                               COURT NO.5                  SECTION IIIA

                                  S U P R E M E C O U R T O F        I N D I A
                                          RECORD OF PROCEEDINGS

     I.A. 2/2016 in Petition(s) for Special Leave to Appeal (C)                     No(s).
     8283/2016

     (Arising out of impugned final judgment and order dated 11/11/2014
     in ITA No. 166/2013 passed by the High Court Of Calcutta)

     COMMISSIONER OF INCOME TAX, CENTRAL-I. KOLKATA                        Petitioner(s)

                                                     VERSUS

     M/S EAST END SILKS (P) LIMITED                                        Respondent(s)

     (for restoration and office report)

     Date : 18/07/2016 This application was called on for hearing today.

     CORAM :
                          HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
                                            [IN CHAMBER]

     For Petitioner(s)                  Ms. Sadhana Sandhu,Adv.
                                        Mrs. Anil Katiyar,Adv.

     For Respondent(s)

                           UPON hearing the counsel the Court made the following
                                              O R D E R

Heard learned counsel for the petitioner on the application (I.A.No.2/2016) for restoration.

This is an application made by the petitioner (commissioner of Income Tax, Central-I, Kolkata) for restoration of the SLP by recalling the order dated 19.2.2016 passed by this Court in which the SLP(c)No.8283/2013 was dismissed for not removing the defects pointed out by the Registry within the time given.

The peremptory order dated 19.2.2016 by which the SLP came to be dismissed reads as under:

Signature Not Verified

“As prayed, four weeks' time is granted to the Digitally signed by OM PARKASH SHARMA petitioner to remove the defects, failing which the Date: 2016.07.19 17:08:02 IST Reason:

special leave petition shall stand dismissed without further reference to the court.” 2 Learned counsel for the petitioner submits that it may not be necessary to cure the defect having regard to the nature of controversy and the question of law involved in the SLP and hence the order be recalled in the interest of justice and the SLP be heard on the question of admission.

I accept the statement and accordingly recall the order dated 19.2.2014. I.A.No.2/2016 accordingly stands allowed.

The special leave petition is restored to its original number. Let it be listed before the appropriate Bench.

   [O.P. SHARMA]                                  [RAJINDER KAUR]
    AR-cum-PS                                      COURT MASTER

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