Central Ii v. M/S.oberoi Associates

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3694 OF 2007 NOTICE OF MOTION NO.3694 OF 2007 NOTICE OF MOTION NO.3694 OF 2007 IN IN IN INCOME TAX APPEAL (L) NO.1685 OF 2007 INCOME TAX APPEAL (L) NO.1685 OF 2007 The Commissioner of Income Tax Central II .. Appellant Vs. M/s.Oberoi Associates .. Respondent Mrs.P.P.Bhosale for the Appellant. Mr.A.K.Jasani for the Respondent. CORAM :- DR.S.RADHAKRISHNAN &J.P.DEVADHAR, JJ. CORAM :- DR.S.RADHAKRISHNAN & J.P.DEVADHAR, JJ. DATE : 2nd April, 2008 DATE : 2nd April, 2008 P.C. 1. Heard the learned Counsel for the Appellant-revenue and the learned Counsel for the Respondent-assessee. By this Notice of Motion, the Appellant is seeking condonation of 213 days’ delay in filing the Appeal. For the reasons stated in the affidavit-in-support of the Notice of Motion, sufficient cause is made out for condonation of delay, and there is no case of inaction, negligence or want of bonafide on the part of the Appellant. Even there is no affidavit in reply filed by the Respondent controverting the contentions in the affidavit-in-support of the Notice of Motion. Hence, the Notice of Motion is made absolute in terms of prayer clause (a). 2. Place the Appeal on board for admission on 23.04.2008. (J.P.DEVADHAR, J.) (DR.S.RADHAKRISHNAN,J.) (J.P.DEVADHAR, J.) (DR.S.RADHAKRISHNAN,J.)