1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.552 OF 2010 IN INCOME TAX APPEAL NO.267 OF 2010 The Commissioner of Income Tax ..Appellant. V/s. Ahmed Aliji Nandoliya ..Respondent. Ms. Suchitra Kamble for appellant. Dr. P. Daniel i/b. Mr. V.S. Hadade for respondent. CORAM : DR. D.Y.CHANDRACHUD AND J.P.DEVADHAR, JJ. DATED : 10TH JUNE, 2010 P.C. :- The Notice of Motion is taken out for restoration of the appeal which stands dismissed for non compliance of the conditional order dated 15 June, 2009 for removal of objections. It has been brought to our notice that the order impugned in the appeal has been passed by the Ahmedabad Bench of the Tribunal on 18 May, 2007. In the circumstance, it would be appropriate for this Court to recall the orders dated 15 June, 2009 and 23 July, 2009. The Motion is made absolute in terms of prayer clauses (a) & (b). The Motion is accordingly disposed of. (J.P.DEVADHAR, J.) (DR. D.Y.CHANDRACHUD, J.)