Nma/3928/2006 Of The Commissioner Of Income Tax-13, Mumbai v. M/S. Jafferbhoy And Salebhoy And Co

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3928 OF 2006 IN INCOME TAX APPEAL(L)NO.2357 OF 2006 The Commissioner of Income Tax-13,..Appellant Mumbai V/s. M/s.Jafferbhoy & Salebhoy & Co...RespondentMumbai Mr.A.S.Rao, Advocate, for AppellantNone for Respondent CORAM : F.I.REBELLO &R.S.MOHITE,JJ. DATE : 4TH FEBRUARY, 2008 P.C. .This is a Notice of Motion for condoning adelay of 223 days in filing of the main appeal.Perusal of the affidavit in support indicates thatthe impugned order dated 21[st] October, 2005 and thesame was received by Assessing Officer only on 19[th]December, 2005. However, the file was sent fordrafting to the Panel Counsel on 23[rd] March, 2006. There is no explanation for the delay caused during the period 19[th] December, 2005 and 23[rd] March, 2006. In our view, therefore, the cause shown does not amount to sufficient cause and hence, the Notice ofMotion stands dismissed.Motion stands dismissed. (R.S.MOHITE, J.) (F.I.REBELLO, J.)