Nma/593/2008 Of The Commissioner Of Income-Tax-9,Mum v. M/S Alkon Plastics Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORIGINAL SIDE IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL SIDE NOTICE OF MOTION NO. 593 OF 2008 NOTICE OF MOTION NO. 593 OF 2008 NOTICE OF MOTION NO. 593 OF 2008 IN IN IN INCOME TAX APPEAL (L) No. 2117 OF 2007 INCOME TAX APPEAL (L) No. 2117 OF 2007 ------------------------------------------------------------- Office Notes,Office : Memoranda of Coram, : Court’s or Judge’s orders appearances,Court ’s : orders or directions & : Prothonotary’s orders. : ------------------------------------------------------------ Mr P. S. Sahadevan, Advocate for the Appellant. Mr S. G. Dalal, Advocate for the Respondent. CORAM : DR.S.RADHAKRISHNAN CORAM : DR.S.RADHAKRISHNAN and V.C.DAGA, JJ. DATED : 15TH OCTOBER, 2008.P.C.: and V.C.DAGA, JJ. DATED : 15TH OCTOBER, 2008. DATED : 15TH OCTOBER, 2008. P.C.: 1. Heard the learned counsel for the Parties. 2. Perused Notice of Motion and affidavit in support thereof. 3. By this notice of motion, the appellant is seeking condonation of 700 days dalay in filing the appeal. Perusal of the said affidavit indicates that the file was sent to the Ministry of Law for drafting memo of appeal on 9.8.2006 and the appeal was filed on 19.9.2007 and the last date for filing appeal was 19.10.2005. There is absolutely no explanation as to why almost more than two years time was spent in drafting the memo of appeal. 4. In the above circumstances, we are left with no alternative but to dismiss the notice of motion for want of sufficient cause in filing the appeal belatedly. 5. In the result, notice of motion stands dismissed. 6. In view of dismissal of notice of motion, appeal also stands dismissed. (V.C.DAGA,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J)