Nma/3267/2010 Of The Commissioner Of Income Tax -18, Mumbai v. N.m.fashions

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3267 OF 2010 IN INCOME TAX APPEAL NO.652 OF 2010 The Commissioner of Income Tax-18, MumbaiV/s.M/s. N.M.Fashions ..... Appellant ..... Respondents ---- Mr.K.R.Chaudhari for the appellant. Mr.Jitendra Jain @ Mr.Jas Sanghvi i/by PDS Legal for the respondents. ---- CORAM : J.P.DEVADHAR & MRS.MRIDULA BHATKAR, JJ. DATE :14/2/ 2011 P.C. 1.This Notice of Motion is taken out for condoning 598 days delay in filing the Appeal. The reasons set out in the affidavit and the additional affidavit are totally unsatisfactory. The sequence of events leading to the inordinate delay set out in paragraph-9 of the additional affidavit dated 15.11.2010 clearly shows that there was total negligence on the part of the officers of the department in filing the appeal. However, looking to the fact that huge revenue is involved, in our opinion, it would be just and proper to condone the delay subject to payment of costs. Accordingly, Notice of Motion is made absolute in terms of prayer clauses-(a) and (b) subject to payment of cost of Rs.10,000/- to be paid to the respondents within a period of two weeks from today. Notice of Motion disposed off. (MRS.MRIDULA BHATKAR,J) (J.P.DEVADHAR,J)