Director Of Income Tax (International Taxation v. M/S. Siemens Aktiengesellschaft

RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J. NOTICE OF MOTION NO. 2425 OF 2010ININCOME TAX APPEAL NO. 124 OF 2010 Director of Income Tax (International Taxation) .. Applicant Vs M/s. Siemens Aktiengesellschaft .. Respondent Mr. Suresh Kumar for Applicant Mr. Sameer Chitnis i/b M/s. Crawfard Bayley & Co for Respondent CORAM : J.P. DEVADHAR & A.A. SAYED, JJ. P.C.: DATE : 13th JULY, 2011. 1. This Notice of Motion is taken out for seeking condonation of delay of 1092 days in filing the appeal.delay of 1092 days in filing the appeal. 2. Perusal of affidavit in support of the Notice of Motion shows that no sufficient cause is made out for condonation of delay. However, looking into the substantial question of law involved in the appeal, in our opinion, interest of justice would be met if the delay is condoned subject to payment of costs.that no sufficient cause is made out for condonation of delay. However, looking into the substantial question of law involved in the appeal, in our opinion, interest of justice would be met if the delay is condoned subject to payment of costs. 3. Accordingly, Notice of Motion is made absolute in terms of prayer clauses (a) and (b) subject to payment of cost of Rs. 5000/- to be paid by the appellant to the respondent within two weeks from the date of this order. 4. Notice of Motion is disposed off accordingly with no order as to costs.costs. [ A.A. SAYED, J ] [ J.P. DEVADHAR, J ]