Nma/1570/2008 Of The Commissioner Of Income-Tax-City-Vii v. M/S Penwalt India Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1570 OF 2008 IN INCOME TAX APPEAL (L.) NO.1092 OF 2008 The Commissioner of Income Tax,.City - VII, Mumbai...AppellantV/s.Penwalt India Ltd....Respondent Mr.A.D. Kango, Advocate, for the Appellant.None for the Respondent. P.C. : CORAM : DR. S. RADHAKRISHNAN &A.V. NIRGUDE, JJ. .Heard the learned Counsel for the Appellant.None appears for the Respondent though served. Thelearned Counsel for the Appellant states that theRespondent has already been served and he undertakes tofile the affidavit-of-service within a period of oneweek from today. 2.By this Notice of Motion, the Appellant isseeking condonation of delay of 175 days in filing theAppeal. Perused the Notice of Motion and theaffidavit-in-support thereof. For the reasons statedtherein, sufficient cause is made out. There is no case of inaction, negligence or want of bonafides onthe part of the appellant. Hence, the Notice of Motionis made absolute in terms of prayer clause (a). [A.V. NIRGUDE, J.] [DR. S. RADHAKRISHNAN, J.]