Nma/229/2009 Of The Commission Er Of Income Tax-8 Mumbai v. Prakash Airfrieght Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONNOTICE OF MOTION NO.229 OF 2009ININCOME TAX APPEAL LODGING NO.2846 OF 2008The Commissioner of Income Tax-VIII....Appellant.Vs.Prakash Airfrieght Ltd....Respondent.Mr. Suresh Kumar for the Appellant.None for the Respondent.CORAM : F.I. REBELLO & R.S. MOHITE, JJ.DATE : 5th February, 2009.PC :1. This is a notice of motion for condoning 1211 daysdelay in filing the main appeal. On perusal of theaffidavit in support, we find that the file was sent fordrafting the appeal memo on 13.4.2005 but the draftedappeal memo was received on 31.7.2008. In our view, theperiod of more than 3 years for drafting the appeal memocannot be said to be reasonable. In the circumstances,cause shown does not amount to sufficient cause. Hence,notice of motion stands dismissed. Consequently appeal dismissed. Refund of court fee as per rules. Certified copy expedited. ( R.S. MOHITE, J.) ( F.I.REBELLO, J.)