Nma/4154/2005 Of The Commissioner Of Income Tax City-3, Mumbai v. M/S. Dainty Investment And Leasing Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4154 OF 2005 IN INCOME TAX APPEAL (L) NO.1638 OF 2005 The Commissioner of Income Tax-3,..Appellant Mumbai M/s.Dainty Investment and Leasing ..Respondent Pvt. Ltd. Mr.A.S.Rao with Mr.P.S.Sahadevan, Advocate, forAppellant Mr.J.D.Mistry with Mr.Raj Darak, Advocate, forRespondent R.S.MOHITE, JJ. DATE : 29TH JANUARY, 2008 P.C. .The delay is less than 200 days. Considering the practical difficulties which the Department was facing including referring the matters to the Law Department, Government of Indiafor drafting the Appeal Memo and considering the affidavit in support of the Notice of Motion, in our opinion, the cause shown would amount tosufficient cause. Hence, delay condoned. TheNotice of Motion is allowed in terms of prayerClause (a). Office to register the Appeal and listthe same for admission. 2.Though we have condoned the delay, theAppellant is directed to remove the officeobjections, if any, within six weeks from today,failing which Appeal to stand dismissed for non-prosecution without further reference to the Court. (R.S.MOHITE, J.) (F.I.REBELLO, J.)