Itxa/3999/2009 Of The Commissioner Of Income Tax -5, Mumbai v. M/S Varun Shipping Co. Ltd. ,Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.2893 OF 2008 ANDINCOME TAX APPEAL (L) NO.2894 OF 2008ANDINCOME TAX APPEAL (L) NO.2895 OF 2008 ANDINCOME TAX APPEAL (L) NO.2896 OF 2008 ANDINCOME TAX APPEAL (L) NO.2901 OF 2008 The Commissioner of Income Tax ..Appellant. V/s. M/s. Varun Shipping Company Ltd. ..Respondent. Mr.P.S.Sahadevan for appellant. Mr.Jitendra Jain with Jas Sanghvi i/b. PDS Legal for respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 6TH JULY, 2009. P.C. :- 1.In all these appeals, there is a delay of 925 days in filing the appeals. No Notice of Motions have been taken out. At least no statement to that effect is being made. Under these circumstances, all the appeals are liable to be dismissed being barred by limitation for want of Notice of Motions for condoning the delay. 2.It appears from the memo of appeals that there is a prayer for condoning the delay, however, no material is placed explaining the reasons for the delay in filing the appeals. No separate affidavits explaining the reasons for delay in filing the appeals are filed. Under these circumstances, we have no option but to dismiss all the appeals holding it to be barred by limitation. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)