Nma/1587/2008 Of The Commissioner Of Income Tax Central-Ii, Mumbai v. M/S Walchand Hindustan Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONNOTICE OF MOTION NO. 1587 of 2008InINCOME TAX APPEAL NO.of 2008The Commissioner of Income Tax(Central)-II, Mumbai... AppellantV/sM/s Walchand Hindustan Ltd. ..RespondentsMr. B.M.Chatterji with Mr.P.S.Sahaderan for AppellantMr.B.A.D’Lima for the RespondentCORAM: DR.S.RADHAKRISHNANAND A.P.BHANGALE,JJDATED: JUNE 2, 2008P.C.:-1. Heard the learned Advocates for the Appellant andRespondent.2. By the present Notice of Motion the appellant isseeking condonation of delay of 222 days caused infiling the appeal. The tax effect in the above appealis valued at Rs.3.62 lacs. The learned Advocate forthe appellant states that as it is a recurring issue,he is not withdrawing the appeal. Almost 6 months weretaken for drafting the memo of appeal and another two months to obtain Court fee stamps. 3. We perused the affidavit in support of the Noticeof Motion. Only reason given for condonation of delayis that no prejudice will be caused to the Respondentif the appeal is restored to the file and decided onits merit by this Court. However, the above reasongiven is absolutely unsustainable as the appeal has notbeen dismissed earlier. There is no sufficient cause shown for condoning the aforesaid delay. Hence Noticeof Motion stands dismissed. 4. In view of the dismissal of the Notice of Motion,appeal stands dismissed. (DR.S.RADHAKRISHNAN,J) (A.P.BHANGALE,J.)