2016 (8) TMI 1151

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....E TAX APPEAL (L)NO.841 OF 2015 - -<br>Income Tax<br>M. S. SANKLECHA & A. K. MENON, JJ. Mr. Ashok Kotangle a/w Ms. Padma Divakar for the Applicant. Mr. Ruturaj H. Gurjar i/b. Mihir Naniwadekar for the Respondent. JUDGEMENT This notice of motion seeks condonation of 69 days delay in filing this motion and also seeks recall of the orders dated 15th April, 2016 and 22nd April, 2016 passed ....

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....rous blanks with regard to critical issues for consideration of delay i.e. number of delays and the date on which he became aware that the appeal is dismissed. Paragraph 5 of the affidavit filed in support of the notice of motion, reads as under:" There is a days delay in filing this Notice of Motion as I was not aware that a conditional order was passed by the Hon&#39;ble Court for removal ....

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.... order dated 22nd April, 2016 continues to demonstrate the same casualness which resulted in order dated 22nd April, 2016. The present affidavit does not even make an attempt to explain the reason for 69 days delay in taking out this notice of motion. Paragraph 6 of the affidavit states that: "There is a 69 days delay in filing this notice of motion as I was not aware that conditional ord....