Nma/3487/2005 Of The Commissioner Of Income-Tax,Mum,City-Iii v. M/S Dcw Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3487 OF 2005 INCOME TAX APPEAL(L)NO.1140 OF 2005 The Commissioner of Income-Tax..Appellant Mumbai V/s. M/s.DCW Ltd...RespondentMumbai Mr.P.S.Sahadevan, Advocate, for Appellant Mr.Jitendra Singh & Mr.K.Gopal, Advocate, forRespondent DATE : 5TH FEBRUARY, 2008 P.C. .This is a notice of motion for condonationof 247 days delay in preferring the main appeal.We have perused the affidavit in support. Takinginto account the facts stated in the affidavit insupport, we propose to accept the cause shown forcondonation of delay subject to levy of costs.Notice of motion is therefore, allowed and the delay in filing the appeal stands condoned. Officeto number the appeal and list the same foradmission. 2.Though we have condoned the delay, theappellant is directed to remove the officeobjections, if any, within four weeks from todayfailing which appeal to stand dismissed for nonprosecution without further reference to the court. (R.S.MOHITE, J.) (F.I.REBELLO, J.)