Itxa/832/2010 Of The Commissioner Of Income - Tax-8, Mumbai v. M/S. Kabra Extrusiontechnik Pvt. Ltd., Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.2946 OF 2008 The Commissioner of Income Tax ..Appellant. V/s. M/s.Kabra Extrusiontechnik Pvt. Ltd. ..Respondent. Mr. Suresh Kumar for appellant. None for respondent. P.C. :- CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 6TH JULY, 2009. 1.In these appeals, there is a delay of about four years in filing the appeal. No Notice of Motion have been taken out. At least no statement to that effect is being made. Under these circumstances, the appeal is liable to be dismissed being barred by limitation for want of Notice of Motion for condoning the delay. 2.It appears from paragraph 7 of the memo of appeal that there is a ground about delay, but no prayer for condoning the delay is made, No material is placed explaining the reasons for the delay in filing the appeal. There is no separate affidavit explaining the reasons for delay in filing the appeal. Under these circumstances, we have no option but to dismiss the appeal holding it to be barred by limitation. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)