Nma/3346/2008 Of The Commissioner Of Income Tax - 8, Mumbai v. M/S Kec Infrastructure Ltd. , Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONNOTICE OF MOTION NO.3346 OF 2008ININCOME TAX APPEAL LODING NO.2203 OF 2008The Commissioner of Income Tax-8...Appellant.Vs.M/s. KEC infrastructure Ltd...Respondent.Mr,. Suresh Kumar for the Appellant.Mr. Nilesh Shah with Mr. L.V. Boomer i/by S. Satpute& Co. for the Respondent.CORAM : F.I. REBELLO &R.S. MOHITE, JJ.DATE : 7th January, 2009.PC :1. This is a notice of motion for condonation of 1046days delay in filing the main appeal. On perusing theaffidavit in support, it appears that after obtainingapproval from the Chief Commissioner of Income Tax, thefile was sent to the standing counsel on 19.7.2005 fordrafting the appeal memo. The appeal was however, filedon 23.7.2008. In our view, the delay caused during theperiod between 19.7.2005 to 23.7.2008 has not beenproperly explained. In the circumstances, cause showndoes not amount to sufficient cause. Notice of motion is therefore, dismissed. Consequently appeal dismissed. Refund of court fee as per rules. (R.S. MOHITE, J.)(F.I. REBELLO, J.)