Nma/2887/2005 Of Thecommissionr Of Income-Tax-10,Mum v. M/S Indu Cosstructions And Technical Servics Pvt Ltd,Mum

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2887 OF 2005 IN INCOME TAX APPEAL(L)NO.1222 OF 2005 The Commissioner of Income Tax-10,..Appellant Mumbai V/s. M/s.Indu Constructions & Technical..RespondentServices Pvt. Ltd.Mumbai Mr.P.S.Sahadevan, Advocate, for Appellant None for Respondent CORAM : F.I.REBELLO & DATE : 5TH FEBRUARY, 2008 P.C. .This is a Notice of Motion for condoning a delay of 291 days in filing of the main appeal.Perusal of the affidavit in support indicates thatthe file was sent to the Ministry of Law for drafting an appeal memo on 8[th] November, 2004 andthe draft was received in August, 2005. A periodof nine months for drafting an appeal memo cannot be said to be reasonable. In our view, therefore, the cause shown does not amount to sufficient cause and hence, the Notice of Motion stands dismissed. (R.S.MOHITE, J.) (F.I.REBELLO, J.)