1 914 itxa 869.10 .doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION k INCOME TAX APPEAL NO. 869 OF 2010 The Commissioner of Income Tax – Central .. Appellant Vs. Late Smt. Shantabai B. Gandhi .. Respondent. Mr. Vimal Gupta for the Appellant. None for the Respondent. CORAM : J.P. DEVADHAR & K.K. TATED, JJ. DATE : 7TH SEPTEMBER, 2011. P.C. 1 This Appeal was dismissed for want of removal of office objections and also on the ground that the Appeal was filed beyond time. The said order was set aside by the Apex Court by order dated 1st September, 2010. Pursuant to the order of the Apex Court dated 1st September, 2010 Revenue has taken out Notice of Motion No.2902 of 2010 seeking condonation of delay. The said Motion was allowed by order dated 7th February, 2011. Thus, the Appeal stands restored to the file. 2 Counsel for the Revenue fairly states that similar questions raised in the Tax Appeal No. 5634 of 2010 (CIT vs. Smt. Surekhabai Sharad Mutha) 2 914 itxa 869.10 .doc have been dismissed by this Court on 6th September, 2011. Accordingly, the present Appeal is dismissed with no order as to costs. (J.P. DEVADHAR, J.) (K.K. TATED, J.)