Irxa/3/2009 Of The Commissioner Of Income Tax -3 ,Mumbai v. M/S Videocon Leasing And Industrial Finance Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3634/2007 IN IRXA (L) NO.5/2007 (The CIT Mumbai V/s.M/s.Videocon Leasing & Industries Finance Ltd.) ____________________________________________________________________ Office Notes, Office Memo- ¦ -randa of Coram, Apperances¦ Court’s or Judges Orders Courts orders or directions¦ and Prothonotary’s orders ¦ -------------------------------------------------------------------- CORAM: DR.S.RADHAKRISHNAN & CORAM: DR.S.RADHAKRISHNAN & CORAM: DR.S.RADHAKRISHNAN & SANTOSH BORA, JJ. DATE23rd April, 2008P.C.: SANTOSH BORA, JJ. : DATE23rd April, 2008 : DATE : DATE P.C.: . Heard Mr.Vimal Gupta for the Appellant & Ms.Neeta Rajda i/by DSR Associates for Respondent. By this Notice of Motion, the Appellant is seeking condonation of 321 days’ delay caused in filing the Appeal. It appears that though the Chief Commissioner of Income Tax had granted approval for filing an Appeal on 23.8.2006 the Appeal came to be filed belatedly on 31.7.2007. The reasons given for delay that of getting the draft memo of Appeal prepared and non-availability of Court fee stamps etc. does not appear to be justifiable. No sufficient cause is made out for condonation of delay. Hence, Notice of Motion stands dismissed. 2. In view of dismissal of the Notice of Motion, Interest Tax Appeal (L) No.5/2007 also stands dismissed. (SANTOSH BORA J.) (DR.S.RADHAKRISHNAN,J.) (SANTOSH BORA J.) (DR.S.RADHAKRISHNAN,J.)