Nma/1712/2008 Of The Commissioner Of Income Tax -18, Mumbai v. M/S K.k. Johari (Huf)

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONNOTICE OF MOTION NO.1712 of 2008inINCOME TAX APPEAL (L) NO.1215 of 2008inINCOME TAX APPEAL NO.OF 2008The Commissioner of Income Tax18.. Appellant M/s K.K. Johari (HUF).. Respondent Mr.R.G.Bhatt for AppellantNone for Respondent P.C. 1. Heard the learned counsel for the parties. Bythis notice of motion, the appellant is seekingcondonation of 223 delay caused in filing theappeal. 2. Perused the affidavit in support of the Noticeof motion. The appeal is against I.T.A.T. order20.4.07. The affidavit does not give anyparticulars whatsoever as to when the ChiefCommissioner of Income tax granted approval andwhen the papers were sent to the Advocate fordrafting the appeal and when the papers werereceived after the draft was ready and when thedepartment obtained the court fee stamps. Excepta general statement is made that the departmenthas been following to expedite filing as early as possible due to the facts mentioned above, delayhas taken place and the appellant regrets the sameprays for leniency. We are not at all satisfiedwith the reasons given for condonation of delay.No sufficient cause is made out for condonation ofdelay. Hence, Notice of motion stands dismissed. 3. In view of dismissal of the Notice of Motion,Income Tax Appeal (L) No.1215 of 2008 also standsdismissed. {A.V.Nirgude, J) (Dr.S.Radhakrishnan, J)