Nma/2596/2006 Of The Commissioner Of Income Tax-12 Mumbai v. M/S. R.d. Ashar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2596 OF 2006 NOTICE OF MOTION NO.2596 OF 2006 IN IN INCOME TAX APPEAL (LOD) NO.1064 OF 2006 INCOME TAX APPEAL (LOD) NO.1064 OF 2006 The Commissioner of Income Tax ..Appellant. V/s. M/s.R.D.Ashar ..Respondent. Mr.A.S.Rao with P.S.Sahadevan for appellant. Mr.B.V.Jhaveri for respondent. CORAM : F.I.REBELLO AND J.P.DEVADHAR, JJ. DATED : 22ND OCTOBER, 2007. P.C. :- P.C. :- There is a delay of 530 days in preferring the appeal. There is affidavit in support of the Motion. The order of the I.T.A.T. dated 25/6/2004 was received by the CIT-12 on 14/9/2004. After other steps, scrutiny report was called for on 9/12/2004. The file was sent to Panel Counsel on 16/12/2004. The draft appeal was received on 22/12/2005. Thereafter, note for Court fees stamp was sent in January, 2006. There is absolutely no explanation whatsoever for the delay between 16/12/2004 and 22/12/2005. Considering the cause shown, in our opinion, the same would not amount to sufficient cause. Hence Motion is dismissed. (J.P.DEVADHAR, J.)