Nma/2889/2005 Of The Commissioner Of Income Tax City-4, Mumbai v. M/S. Madhumilan Industries Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2889 OF 2005 ININCOME TAX APPEAL(L)NO.1200 OF 2005 The Commissioner of Income Tax 4,..Appellant Mumbai V/s. M/s.Madhumilan Industries Ltd...RespondentMumbai Ms.P.P.Bhosale with Mr.B.M.Chatterji &Mr.P.S.Sahadevan, Advocate, for AppellantMadhavi Tavanandi, Advocate, for Respondent CORAM : F.I.REBELLO &R.S.MOHITE,JJ. P.C. .This is a Notice of Motion for condoning adelay of 384 days in filing of the main appeal.Perusal of the affidavit in support indicates thatthe file was sent to the Ministry of Law fordrafting an appeal memo on 25[th] May, 2004 and thedraft memo of appeal was received on 21[st] February,2005. The appeal was thereafter filed on 28[th]September, 2005. A period of more than sevenmonths for drafting an appeal memo cannot be said to be reasonable. Similarly, there is no explanation for the delay caused during 21[st]February, 2005 and 28[th] September, 2005. In ourview, therefore, the cause shown does not amount tosufficient cause and hence, the Notice of Motionstands dismissed. (R.S.MOHITE, J.) (F.I.REBELLO, J.)