Nma/1552/2006 Of Commissioner Of Income Tax Central Ii v. Suresh G. Makhija

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1552 OF 2006IN INCOME TAX APPEAL (LOD) NO.663 OF 2006 NOTICE OF MOTION NO.1552 OF 2006 IN INCOME TAX APPEAL (LOD) NO.663 OF 2006 The Commissioner of Income Tax ..Appellant. V/s. Mr.Suresh G.Makhija ..Respondent. Mr.S.M.Shah for appellant. CORAM : F.I.REBELLO ANDJ.P.DEVADHAR, JJ. CORAM : F.I.REBELLO AND J.P.DEVADHAR, JJ. DATED : 22ND OCTOBER, 2007. DATED : 22ND OCTOBER, 2007. P.C. :- P.C. :- There is a delay of 1012 days in preferring the appeal. There is affidavit in support of the Motion. The order of the I.T.A.T. dated 25/2/2003 was received by the CIT, Central II, Mumbai on 12/3/2003. The due date of filing the appeal was 10/7/2003. The judicial folder was sent to Ministry of Law on 8/7/2003. The judicial folder was finally sent back on 20/12/2005. The draft appeal memo was received on 8/2/06. There is no explanation whatsoever for the delay between 8/7/2003 and 20/12/2005. Considering the cause shown, in our opinion, the same would not amount to sufficient cause. Hence Motion is dismissed. (J.P.DEVADHAR, J.)