Nma/3757/2007 Of The Commissioner Of Income-Tax-12,Mum v. Suresh Thomas

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARYORIGINAL CIVIL JURISDICTION IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY NOTICE OF MOTION NO.3757 OF 2007 IN NOTICE OF MOTION NO.3757 OF 2007 IN INCOME TAX APPEAL (LODG) NO.2037 OF 2007 INCOME TAX APPEAL (LODG) NO.2037 OF 2007 The Commissioner of Income Tax ..Appellant. V/s. Shri Suresh Thomas ..Respondent. Mr.A.S.Rao for appellant. Ms.Aasifa Khan for respondent. CORAM : DR. S.RADHAKRISHNAN AND J.P.DEVADHAR, JJ.DATED : 7TH APRIL, 2008. CORAM : DR. S.RADHAKRISHNAN AND J.P.DEVADHAR, JJ. DATED : 7TH 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 249 days delay in filing the above appeal. Perused the affidavit filed in support of the Notice of Motion. The impugned order is dated 17/8/2006. The Chief Commissioner of Income Tax granted approval on 21/12/2006. However, the appeal was filed only on 6/9/2007. The reasons given for the delay in filing the appeal is that "I say that the delay is purely due to administrative exigencies and procedural formalities etc. which are required to be complied with by the Department." 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.