M/S Mukand Global Finance Ltd v. The Deputy Commissioner Of Income Tax)Range 3(2), Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2956 OF 2008ININCOME TAX APPEAL (LODGING) NO. 2116 OF 2008 M/s Mukand Global Finance Ltd. ).. Appellant Versus The Deputy Commissioner of Income Tax)Range 3(2), Mumbai).. Respondent Ms Aasifa Khan a/w Mr A R Singh for the Appellant.Mrs Devki Iyer for the Respondent. CORAM:SWATANTER KUMAR, C. J. & A.P. DESHPANDE, J.DATED: 9TH SEPTEMBER 2008. P.C. Notice. The learned Counsel appearing for the Respondentwaives service and accepts notice. 2.The present Notice of Motion has been filed by the Assesseefor condonation of 95 days' delay in filing the Appeal. No reply to theMotion has been filed. In fact, there is no serious opposition. Evenotherwise, we are satisfied from the averments made in the affidavit in -2- support of the Motion that sufficient cause has been shown forcondonation of delay. Keeping in view the principles stated by thisCourt in the case of Ornate Traders Private Limitred vs The Income TaxOfficer, Ward 3(2)(3), Mumbai, Notice of Motion No.2281 of 2008 inIncome Tax Appeal (Lodging) No.1814 of 2008 and other connectedmatters decided on 29[th] August 2008, we condone the delay. 2.Notice of Motion made absolute in terms of prayer clause (a).3.Notice of Motion disposed of accordingly. 3.Notice of Motion disposed of accordingly. 4.List the Appeal for admission on 29[th] September 2008. CHIEF JUSTICE A. P. DESHPANDE, J.