Nma/4045/2008 Of Director Of Income-Tax (International Taxation), Mumbai v. Citi Bank N.a., Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4045 OF 2008ININCOME TAX APPEAL (L) NO.2885 OF 2008 Director of Income-taxBallard Pier, Mumbai-38 ..Appellant V/s.Citi Bank N.A.,’G’ Block, C-61, 5th Floor,Bandra Kurla Complex,Bandra (E), Mumbai-51..Respondent Mr. Parag A. Vyas for AppellantMr. B.D. Damodar i/by Kanga & Co. for Respondent P.C.: 1.There is a delay of 434 days in filing theappeal. There is an affidavit in support of themotion. The affidavit by itself does not make out thecase of sufficient cause. However, considering the taxincidence, we are inclined to condone the delay subjectto appellant paying costs to the respondent quantifiedat Rs.5,000/- within a period of 2 weeks from today.On such costs being paid, Office to register theappeal. On failure to pay, appeal to stand dismissed. 2.Notice of motion is disposed of accordingly. ( R.S. MOHITE,J.) ( F.I. REBELLO,J)