bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3895 OF 2009 IN INCOME TAX APPEAL NO.479 OF 2008 Commissioner of Income Tax ..Appellant Vs. Accurate Minerals ..Respondent Mr.K.R.Choudhari for appellant. Mr.I.P.D’Cruz for respondent. CORAM :- V.C.DAGA & J.P.DEVADHAR,JJ. DATE : 14TH DECEMBER,2009 P.C. 1. Heard. Perused Notice of Motion and affidavit-in-support thereof. 2. By virtue of order dated 8th September, 2008, it was specifically made clear that in the event, the appeal relating to A.Y.2000-01 is restored and admitted, then the appellant shall be at liberty to revive this appeal. 3. Learned Counsel for the Revenue seeks to revive this appeal by this Review Petition. The Review is not permissible unless the appeal relating to A.Y.2000-01 is restored or revived. Since the motion for restoration of the said appeal has already been dismissed, the present Notice of Motion cannot be granted. In this view of the matter, the Notice of Motion stands dismissed with no order as to costs. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)