Nma/1235/2008 Of The Commissioner Of Income Tax -11, Mumbai v. M/S Venus Continental

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1235 OF 2008ININCOME TAX APPEAL LODGING NO.1811 OF 2005 The Commissioner of Income Tax, Mumbai ...Appellant V/s. M/s.Venus Continental ...Respondent Mr.A.D. Kango with Mr.P.S. Sahadevan for Appellant.None for Respondent. CORAM : DR.S. RADHAKRISHNAN & A.V. NIRGUDE, JJ. DATED : 29[th] APRIL, 2008. P.C.:-1.Heard learned counsel for the Appellant. We have perused theorder dated 4[th] February, 2008 passed in Notice of Motion No.69 of 2006whereby, we have condoned the delay of 256 days in filing the appeal.However, appellant was directed to pay costs quantifying Rs.2500/- within aperiod of four weeks, which was also not paid within that period, however, paid on 25[th] March, 2008. Order also made clear that appellant had toremove office objections and get appeal numbered within four weeks, failingwhich appeal shall stand dismissed for non prosecution without furtherreference to the Court. 2.Only explanation given in the affidavit in support of Notice of Motionin para 6 is that appeal could not be numbered in time for reasons beyondcontrol of the appellant's officer and due to administrative difficulty. We arenot at all satisfied with the above reason. Notice of Motion stands dismissed.Needless to say that appeal already stood dismissed by the earlier order. (DR.S. RADHAKRISHNAN, J.) (A.V. NIRGUDE, J.)