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which, in our belief, needs to be answered during the unfavorable. Post 2291, R. C. S. 1925, supplies that: "The clerk shall preserve a motion docket in which he shall enter just about every movement filed in his court docket, the names of your functions as well as their Lawyers, a brief statement of its character, and the quantity of the fit wherein it can be built if it pertains to a fit pending. * * * See of a movement in the match pending is specified by submitting the motion and its entry while in the motion docket during the phrase. * * *" Although we do not deem it important to find out regardless of whether, after dismissal and prior to reinstatement, the case experienced the position of "a go well with pending" in the this means in the statute, yet we're inclined into the watch expressed in Hexter v. Pratt (Tex. Com. Application.) 10 S.W.(2nd) 692, 694, with reference into a case On this situation, where by the court docket said: "It [the judgment of dismissal] is just what it purports to get, a determination of a lack of diligence in prosecuting the accommodate for which it is stricken with the docket. It effectually set an conclude to The actual proceeding, but was solely ineffectual to find out the deserves on the declare therein asserted." Nevertheless, if we think, Though we do not so decide, that the situation, immediately after currently being dismissed and just before its reinstatement, was "a suit pending," in the which means of your statute, nonetheless, under the conditions, defendant was not frequented with statutory or constructive notice on the proceedings, simply because no motion to reinstate was ever filed or entered on the motion docket, and it is only when the statute In this particular respect is complied with that constructive notice of such a movement is visited on the adverse celebration. So within the absence of possibly true or constructive recognize of your proceedings that resulted in the rendition of judgment from him, we think defendant showed fair excuse for his absence; furthermore, he exhibited meritorious defenses to plaintiff's explanation for motion, and we fail to determine how plaintiff may be materially prejudiced by granting defendant a fresh demo. ...

Overall progress tax might be paid by last installment of advance tax i.e., 15 March of a calendar year, in case of failure to take action, fascination is leviable @ 1% on shortfall According to Segment 234C

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That's why in the event, Assessee just isn't accountable for Tax Audit under any on the clauses of Part 44AB, thanks to profit obtainable below this clause. Therefore, with none computation, This could certainly’t be ascertained.

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