Nma/165/2007 Of The Commissioner Of Income Tax-2, Mumbai v. M/S. Borax Morarji Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.165 OF 2007 IN INCOME TAX APPEAL (L) NO.2597 OF 2006 The C.I.T.-2 ..Appellant V/s. M/s.Borax Morarji Ltd., ..Respondent ---- Mrs.P.P.Bhosale with Mr.B.M.Chatterji for the appellant. Mr.V.S.Hadade for the respondent. ---- Coram : F.I.Rebello & R.S.Mohite,JJ Date : 5.2.2008. PC 1. This is a Notice of Motion for condoning 331 days delay in filing of the main appeal. A perusal of the affidavit-in-support indicates that the CCIT-2 recommended the filing of the appeal on 5.12.2005. Appeal was filed more than one year later on 7.12.2006. Between the aforesaid two dates, no dates have been given in respect of the events that occurred. In our view, therefore, the cause shown does not amount to sufficient cause. Hence, Notice of Motion stands dismissed. INCOME TAX APPEAL (L) NO.2597 OF 2007 INCOME TAX APPEAL (L) NO.2597 OF 2007 1. As the Notice of Motion for condonation of delay is dismissed, appeal also stands dismissed. (R.S.Mohite,J) (F.I.Rebello,j)