Nma/2928/2005 Of The Commissioner Of Income-Tax-3 v. M/S Dadhichi Texfab Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2928 OF 2005 IN INCOME TAX APPEAL(L)NO.1191 OF 2005 The Director of Income Tax-3,..Appellant Mumbai M/s.Dadhichi Texfab Pvt. Ltd...RespondentMumbai Mr.P.S.Sahadevan, Advocate, for Appellant Mr.J.D.Mistry with Mr.Raj Darak, Advocate, forRespondent R.S.MOHITE,JJ. P.C. .This is a Notice of Motion for condoning adelay of 430 days in filing of the main appeal. Onperusal of the affidavit in support it appears thatthe matter was sent to the Government Paneladvocate for drafting an appeal memo on 29[th] April,2004 but the draft appeal memo was received fromGovernment Counsel on 19[th] July, 2005. A period ofone year and three months for drafting an appealmemo cannot be said to be reasonable. In our opinion, cause shown does not amount to sufficientcause and hence, Notice of Motion stands dismissed. (R.S.MOHITE, J.) (F.I.REBELLO, J.)