Nma/1504/2008 Of The Commissioner Of Income Tax-3, Mumbai v. M/S Avshesh Mercantile Ltd. , Mumbai

- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO.1504 OF 2008 IN INCOME TAX APPEAL (L) NO.206 OF 2008 ----------------------------------------------------- Office Notes, Office Memoranda of Coram, Court’s or Judge’s appearances, Court’s orders order or directions ----------------------------------------------------- ¦ Mr.Vimal Gupta for the Appellant. ¦ Mr.T.D.Mistry i/b Raj Dorak for ¦ the Respondent. ¦ ¦ CORAM: D.K.DESHMUKH & ¦ J.P.DEVADHAR,JJ. ¦ DATED:17TH JULY, 2008 P.C.: Heard the learned Counsel for the Appellant. The delay involved is of 216 days. The court was not satisfied with the reasons that were given in the affidavit in support of the Notice of Motion. Therefore, by order dated 9-6-2008 time was given to the Appellant to file an affidavit giving details in relation to the sufficient cause. - 2 - Though, more than a month has elapsed, no affidavit has been filed. In these circumstances, therefore, in our opinion, it will not be in the interest of justice to condone the delay. Motion is, therefore, disposed of. (D.K.DESHMUKH, J.) (J.P.DEVADHAR,J.)