Director Of Income Tax (It)-I, Mumbai v. M/S. Siemens Aktiengesellschaff

RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J. NOTICE OF MOTION NO. 3627 OF 2010 ININCOME TAX APPEAL NO. 4828 OF 2010 Director of Income Tax (IT)-I, Mumbai .. Applicant Vs M/s. Siemens Aktiengesellschaff.. Respondent Mr. Suresh Kumar for the Applicant Mr. Rajiv Singh a/w Mr. Sameer Chitnis i/b M/s. Crawford Bayley & Co for the Respondent CORAM : J.P. DEVADHAR & A.A. SAYED, JJ. P.C.: DATE : 18 th JULY, 2011. 1. This Notice of Motion is taken out for seeking condonation of delay of 457 days in filing the Notice of Motion.delay of 457 days in filing the Notice of Motion. 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 applicant 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 ]