Itxa/835/2010 Of The Commissioner Of Income-Tax-8, Mumbai v. M/S. Kabra Extrusiontechnik Pvt. Ltd., Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL (L) NO.2947 OF 2008 The Commissioner of Income Tax ..Appellant. V/s. M/s. MAN Industries (Indial Ltd. ..Respondent. Mr.Suresh Kumar for appellant. Mr.P.V.Bhujle and K.B.Bhujle for respondent. AND INCOME TAX APPEAL (L) NO.2848 OF 2008 The Commissioner of Income Tax..Appellant. V/s. M/s. Krishna Suppliers Ltd. ..Respondent. Mr.Suresh Kumar for appellant. None for respondent. AND INCOME TAX APPEAL (L) NO.2949 OF 2008 The Commissioner of Income Tax..Appellant. V/s. M/s. Kabra Extrusiontechnik Pvt. Ltd. ..Respondent. Mr.Suresh Kumar for appellant. Mr.P.C.Tripathi 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 three years 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 seeking condonation of delay. 2.It appears from para 7 of the memo of appeals that there is a ground of delay but no prayer for condoning the delay is made, 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.)