Commissioner Of Income Tax v. M/S.trimurti Exports

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2815 of 2006 IN INCOME TAX APPEAL LODGING NO.1444 of 2006 Commissioner of Income Tax...Appellant Vs. M/s.Trimurti Exports ......Respondent Mr. A.D. Kango with Mr.P.S. Sahadevan for Appellant CORAM: F.I.REBELLO&R.S. MOHITE, JJ.DATED: 29TH JANUARY 2008 CORAM: F.I. R.S. MOHITE, JJ. DATED: 29TH JANUARY 2008 P.C.: P.C.: . This is a notice of Motion for condoning delay of 611 days in filing the main tax appeal. On perusal of the affidavit in support of the notice of Motion, we find that the file was sent to the Law Ministry for drafting the appeal memo on 17th November, 2004 and was returned back after about one year i.e. on 13th December, 2005 without a draft appeal. In our view, the aforesaid period has not been properly explained. In the circumstances, sufficient cause is not shown to condone the delay. Hence, Notice of Motion is dismissed. (R.S.MOHITE, J.) (R.S.MOHITE, J.)(F.I.REBELLO, J.) (F.I.REBELLO, J.)