Nma/56/2009 Of The Commissioner Of Income Tax- 2, Mumbai v. M/S. Gazdaer Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.56 OF 2009 IN INCOME TAX APPEAL (L) NO.2869 OF 2008 The CIT-2 )..Appellants V/s. M/s.Gazdar Pvt.Ltd., )..Respondent ---- Mr.P.S.Sahadevan for the appellants. Mr.F.Andhyarjina Sr.Counsel with Pallavi Divekar for respondent. ---- Coram : F.I.Rebello & R.S.Mohite,JJ Date : 28.01.2009. PC 1. This is a motion for condoning 574 days delay in filing of the appeal. On perusal of the affidavit in support it is seen that the matter was sent for drafting appeal memo to the Panel Counsel on 29.1.2007. The draft was finally received in September 2008. A period of more than 1 year and 8 months for drafting appeal memo cannot be said to be reasonable. In view of tax effect, we have requested the Counsel to file an additional affidavit, but the Counsel declined to file additional affidavit. In the circumstances, cause shown does not amount to sufficient cause. Therefore, motion stands dismissed. Consequently, appeal papers to be filed. Refund of court fees as per rules. (R.S.Mohite,J) (F.I.Rebello,J)