Nma/3473/2006 Of The Commissioner Of Income Tax-6, Mumbai v. M/S. Hafkine Bio Pharmaceutical Corporation Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARYORIGINAL CIVIL JURISDICTION IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY NOTICE OF MOTION NO.3473 OF 2006 NOTICE OF MOTION NO.3473 OF 2006 IN IN INCOME TAX APPEAL (LODG) NO.1875 OF 2006 INCOME TAX APPEAL (LODG) NO.1875 OF 2006 The Commissioner of Income Tax ..Appellant. V/s. M/s.Haffkine Bio Pharmaceutical Corporation Ltd. ..Respondent. Mr.A.D.Kango with P.S.Sahadevan for appellant. Mr.A.K. Jasani for respondent. CORAM : DR. S.RADHAKRISHNAN AND J.P.DEVADHAR, JJ.DATED : 11TH APRIL, 2008. CORAM : DR. S.RADHAKRISHNAN AND J.P.DEVADHAR, JJ. DATED : 11TH APRIL, 2008. P.C. :- P.C. :- 1. Heard learned counsel for the appellant and learned counsel for the respondent. The Motion is filed for condonation of 1445 days delay in filing the above appeal. Perused the affidavit filed in support of the Notice of Motion. The order of I.T.A.T. is dated 16/4/2002. The Chief Commissioner of Income Tax granted approval on 4/10/2002 for filing the appeal. However, the appeal was filed on 18/9/2006 i.e. after a lapse of almost 4 years. The reasons given for the delay in filing the appeal is that there was delay in drafting the appeal memo and it was beyond the control of the appellant’s office. The reasons given are totally unsatisfactory. No case is made out for condoning the delay. Notice of Motion is dismissed with no order as to costs. 2. Notice of Motion is disposed of accordingly with no order as to costs. (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)(DR.S.RADHAKRISHNAN, J.) (J.P. DEVADHAR, J.) (DR.S.RADHAKRISHNAN, J.)