Exemption), Mumbai v. Tata Education Trust, Mumbai )........ Respondant

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2913 OF 2008 IN INCOME TAX APPEAL (LODGING) NO. 2211 OF 2008 The Director of Income Tax (Exemption), Mumbai .......Appellant versus Tata Education Trust, Mumbai )........ Respondant. Mr. Paras Vyas for the Appellant Mr. S.C. Tiwari with Ms. Priya Damble for the respondent. CORAM: SWATANTER KUMAR, C.J., & A.P. DESHPANDE, J. DATED: 23RD SEPTEMBER, 2008. P.C.: 1.This is an application for condonation of delay in filingthe present Appeal. In view of the order passed today in Noticeof Motion No. 2056 of 2008 in ITXAL No.2538/07 this Notice ofMotion is also dismissed. 2. While dismissing this application we also direct the competentauthority of the appellant to conduct proper inquiry into thismatter and fix responsibility on the defaulted officer for causingunexplained delay of six month in filing the present appeal. Weare hopeful that this inquiry shall not only be concludedexpeditiously but appropriate action shall also be taken against the officer concerned in accordance with the law. The Notice ofMotion for condonation of delay is dismissed and consequentlythe appeal does not deserve consideration and is dismissed. CHIEF JUSTICE A.P. DESHPANDE, J.