Income Tax Appeal Ldg v. Dated : 6Th January, 2009

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3930 OF 2008IN INCOME TAX APPEAL LDG. NO.2710 OF 2008 The Commissioner of Income Tax-..City -5.Appellant Vs ..M/s. P.O. Nedlloyds (I) Pvt. Ltd.Respondent -- Shri R.Asokan along with P. S. Sahadevan for the Appellant. -- CORAM : SWATANTER KUMAR, C.J. &DR. D.Y. CHANDRACHUD, J P.C. DATED : 6TH JANUARY, 2009 Heard. There is no serious opposition to the grant of thereliefs sought in the Notice of Motion. Keeping in view the decisionof this Court in Ornate Traders Pvt. Ltd. Vs. The Income Tax Officer,dated 29[th] August, 2008 passed in Notice of Motion No.2281 of2008 in IT Appeal (L) No.1814 of 2008 and the fact that the delayof 132 days in filing the present appeal has been explained in theaffidavit in support of the Notice of Motion, we see no reason as towhy the delay should not be condoned. Consequently, the delayis condoned. Notice of Motion is made absolute in terms of prayer clause (a). 2.List the Appeal for hearing on admission before theregular bench after its registration. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J