Nma/2975/2005 Of Commissioinerof Income-Tax,Mum v. M/S Puri Construction (Bom) P,.Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2975 OF 2005 IN INCOME TAX APPEAL(L)NO.1229 OF 2005 The Commissioner of Income Tax,..Appellant Mumbai V/s. M/s.Puri Construction (Bom) P. Ltd...RespondentMumbai Mr.A.S.Rao & Mr.P.S.Sahadevan, Advocate, forAppellant Usha Dalal, Advocate, for Respondent CORAM : F.I.REBELLO &R.S.MOHITE,JJ. DATE : 5TH FEBRUARY, 2008 P.C. .This is a Notice of Motion for condoning adelay of 676 days in filing of the main appeal. Onperusal of the affidavit in support we find thatthe file was sent to the Ministry of Law on 9[th]October, 2003. The draft appeal memo was receivedon 24[th] February, 2004. However, the appeal wasfiled on 3[rd] October, 2005. The last date of filingappeal was 27[th] November, 2003. The delay causedbetween 24[th] February, 2004 and 9[th] October, 2003 has 2 not been properly explained. In our view,therefore, the cause shown does not amount tosufficient cause and hence, the Notice of Motionstands dismissed. (R.S.MOHITE, J.) (F.I.REBELLO, J.)