1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.798 OF 2010 IN INCOME TAX APPEAL NO.68 OF 2010 The Commissioner of Income Tax ..Appellant. V/s. M/s. Eastern Ceramics Ltd. ..Respondent. Ms. Suchitra Kamble for appellant. Mr. Hasmukh N. Shah for respondent. CORAM : DR. D.Y.CHANDRACHUD AND J.P.DEVADHAR, JJ. DATED : 10TH JUNE, 2010 P.C. :- The Motion is taken out for setting aside the order of dismissal dated 13 August, 2009 for non removal of office objections and for restoration of the appeal to file. It has been stated in the affidavit in support of the Motion that office objections have been removed and the appeal was also numbered. In the circumstances, the Notice of Motion is made absolute in terms of prayer clauses (a) & (b) and the appeal is restored to file. This order would be subject to payment of costs quantified in the sum of Rs.1,000/- to the assessee. (J.P.DEVADHAR, J.) (DR. D.Y.CHANDRACHUD, J.)