Itxa/1010/2010 Of The Commissioner Of Income Tax -8, Mumbai v. M/S Poonam And Patel Constructons Ltd. , Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.2856 OF 2008ANDINCOME TAX APPEAL (L) NO.2857 OF 2008ANDINCOME TAX APPEAL (L) NO.2858 OF 2008ANDINCOME TAX APPEAL (L) NO.2859 OF 2008AND INCOME TAX APPEAL (L) NO.2860 OF 2008 The Commissioner of Income Tax ..Appellant. V/s. M/s. Poonam & Patel Constructions Ltd. ..Respondent. Mr.Suresh Kumar for appellant. None for respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 6TH JULY, 2009. P.C. :- 1.In all these matters, there is delay of more than 5 years. Learned counsel appearing for the revenue is not in a position to make a statement as to whether or not any Notice of Motions seeking condonation of delay are taken out. Notice of Motions are not found on record. There is not even a prayer in the appeal memo for condoning the delay. There is no material placed on record explaining the reasons for the delay. Under these circumstances, we have no option but to dismiss all these appeals holding it to be barred by limitation, with no order as costs. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)