Nma/266/2008 Of The Commissioner Of Income-Tax-2,Mum v. The Indian Hotels Company Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARYORIGINAL CIVIL JURISDICTION IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY NOTICE OF MOTION NO.266 OF 2008 IN NOTICE OF MOTION NO.266 OF 2008 IN INCOME TAX APPEAL (LODG) NO.2866 OF 2007 INCOME TAX APPEAL (LODG) NO.2866 OF 2007 The Commissioner of Income Tax ..Appellant. V/s. The Indian Resort Hotel Ltd. ..Respondent. Mr.P.S.Sahadevan for appellant. Mr.P.C.Tripathi for respondent. CORAM : DR. S.RADHAKRISHNAN AND J.P.DEVADHAR, JJ. CORAM : DR. S.RADHAKRISHNAN AND J.P.DEVADHAR, JJ. DATED : 16TH APRIL, 2008. DATED : 16TH APRIL, 2008. P.C. :- P.C. :- P.C. :- 1. Heard learned counsel for the appellant and learned counsel for the respondent. Perused the affidavit filed in support of the Notice of Motion. The Motion is filed for condonation of 263 days delay in filing the above appeal. Sufficient cause is shown for condoning the delay. There is no case of inaction, negligence or want of bonafide on the part of the appellant. Notice of Motion is made absolute in terms of prayer clause (a). Appeal be numbered. 2. Appeal be listed for hearing in July, 2008 subject to numbering. 3. Learned counsel for the appellant undertakes to hand the copy of appeal memo and its annexures within 2 weeks from today. 4. Notice of Motion is disposed of accordingly with no order as to costs. (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)(DR.S.RADHAKRISHNAN, J.) (DR.S.RADHAKRISHNAN, J.)