Nma/1183/2007 Of The Commissioner Of Income Tax (Tds) v. M/S. Maersk India Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARYORIGINAL CIVIL JURISDICTION IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY NOTICE OF MOTION NO.1183 OF 2007IN NOTICE OF MOTION NO.1183 OF 2007 IN INCOME TAX APPEAL (LODG) NO.180 OF 2007 INCOME TAX APPEAL (LODG) NO.180 OF 2007 The Commissioner of Income Tax ..Appellant. V/s. M/s.Maersk India Pvt. Ltd. ..Respondent. Mr.A.D.Kango for appellant. Mr.A.K.Jasani for respondent. CORAM : DR. S.RADHAKRISHNAN AND J.P.DEVADHAR, JJ.DATED : 16TH APRIL, 2008. CORAM : DR. S.RADHAKRISHNAN AND J.P.DEVADHAR, JJ. DATED : 16TH APRIL, 2008. P.C. :- P.C. :- Heard learned counsel for the appellant and learned counsel for the respondent. The Motion is filed for condonation of 376 days delay in filing the above appeal. Perused the affidavit filed in support of the Notice of Motion. The order of I.T.A.T. is dated 22/6/2005. The Chief Commissioner of Income Tax granted approval on 22/9/2005 for filing the appeal. However, the appeal was filed on 23/1/2007 i.e. after a lapse of almost 15 months. The reasons given for the delay in filing the appeal is that there was delay in getting the draft appeal memo, restructuring of the department and insufficiency of stamp papers. The reasons given are totally unsatisfactory. No case is made out for condoning the delay. Notice of Motion is dismissed with no order as to costs. (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)(DR.S.RADHAKRISHNAN, J.) (DR.S.RADHAKRISHNAN, J.)