Nma/2599/2006 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 NOTICE OF MOTION NO.2599 of 2006 IN INCOME TAX APPEAL LODGING NO.1385 of 2006 Commissioner of Income Tax...Appellant Vs,. M/s.R.D. Ashar ..Respondent Mr. A.S. Rao with Mr. P.S. Sahadevan for Appellant Mr. B.V. Jhaveri for Respondent. CORAM: F.I.REBELLO&R.S. MOHITE, JJ.DATED: 29TH JANUARY 2008 CORAM: F.I. R.S. MOHITE, JJ. DATED: 29TH JANUARY 2008 P.C.: . There is a delay of 565 days in preferring the Appeal. There is an affidavit in support of the Motion. The Order of the I.T.A.T. dated 25th June, 2004 was received by the CIT-12 on 14th September, 2004. After other steps, scrutiny report was called for on 9th December, 2004. The file was sent to Panel Counsel on 16th December, 2004. The draft appeal was received on 22nd December, 2005. Thereafter, note for Court Fees stamp was sent in January, 2006. There is absolutely no explanation whatsoever for the delay between 16th December, 2004 and 22nd December, 2005. Considering the cause shown, in our opinion, the same would not amount to sufficient cause. Hence Motion is dismissed. (R.S.MOHITE, J.) (R.S.MOHITE, J.)(F.I.REBELLO, J.)