Nma/5/2006 Of The Commissisoner Of Dincome-Tax-2.Mum v. M/S Bharti Shipyard Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.5 OF 2006 IN INCOME TAX APPEAL(L)NO.1781 OF 2005 The Commissioner of Income Tax-2,..Appellant Mumbai V/s. M/s.Bharati Shipyard Ltd...RespondentMumbai Mr.P.S.Sahadevan, Advocate, for Appellant None 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 226 days in filing of the main appeal. Onperusal of the affidavit in support we find thatthe file was sent to the Ministry of Law on 13[th]April, 2005 for drafting an appeal memo and thedraft was received on or around 7[th] October, 2005.Thereafter, the appeal was filed on 22[nd] December,2005. In our view, the delay during the periodbetween 13[th] April, 2005 and 7[th] October, 2005 as well as 7[th] October, 2005 and 22[nd] December,2005 hasnot been properly explained. Thus, according tous, the cause shown does not amount to sufficientcause and hence, the Notice of Motion standsdismissed. (R.S.MOHITE, J.) (F.I.REBELLO, J.)