D B Investments v. The Income Tax Officer, Ward 23(1)(2) Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3012 OF 2008IN INCOME TAX APPEAL (LODGING) NO. 2724 OF 2008 D B Investments Versus The Income Tax Officer, Ward 23(1)(2) Mumbai ).. Appellant ).. Respondent Mr S G Dalal a/w Ms Priti Shah for the Appellant.Mrs Devki Iyer for the Respondent. CORAM:SWATANTER KUMAR, C. J. & A.P. DESHPANDE, J.DATED: 9TH SEPTEMBER 2008. P.C. Notice. As per the directions of the Court, Mrs. Devki Iyer, learned Counsel appearing for the Respondent, waives service onbehalf of the Department and accepts notice.2.The present Notice of Motion has been filed by the Assessee for condonation of 11 days' delay in filing the Appeal. No reply to theMotion has been filed. In fact, there is no serious opposition. Evenotherwise, we are satisfied from the averments made in the affidavit insupport of the Motion that sufficient cause has been shown for condonation of delay. Keeping in view the principles stated by thisCourt in the case of Ornate Traders Private Limited vs The Income TaxOfficer, Ward 3(2)(3), Mumbai, Notice of Motion No.2281 of 2008 inIncome Tax Appeal (Lodging) No.1814 of 2008 and other connectedmatters decided on 29[th] August 2008, we condone the delay. 3.Notice of Motion made absolute in terms of prayer clause (a). 4.Notice of Motion disposed of accordingly. 5..List the Appeal for admission on 29[th] September 2008. CHIEF JUSTICE A. P. DESHPANDE, J.