Nma/90/2008 Of The Commissioner Of Income-Tax-7,Mum v. M/S N.r.jet Enterprise

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARYORIGINAL CIVIL JURISDICTION IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY NOTICE OF MOTION NO.90 OF 2008IN NOTICE OF MOTION NO.90 OF 2008 IN INCOME TAX APPEAL (LODG) NO.42 OF 2008 INCOME TAX APPEAL (LODG) NO.42 OF 2008 The Commissioner of Income Tax ..Appellant. V/s. M/s.N.R.Jet Enterprises Ltd. ..Respondent. Mr.A.D.Kango with P.S.Sahadevan for appellant. None for respondent. CORAM : DR. S.RADHAKRISHNAN AND J.P.DEVADHAR, JJ.DATED : 16TH APRIL, 2008. CORAM : DR. S.RADHAKRISHNAN AND J.P.DEVADHAR, JJ. DATED : 16TH APRIL, 2008. P.C. :- P.C. :- Heard learned counsel for the appellant. None for the respondent, though served. The Motion is filed for condonation of 386 days delay in filing the above appeal. Perused the affidavit filed in support of the Notice of Motion. The order of I.T.A.T. is dated 22/6/2007. The Chief Commissioner of Income Tax granted approval on 6/12/2006 for filing the appeal. However, the appeal was filed on 7/1/2008 i.e. after a lapse of 13 months. The reasons given for the delay in filing the appeal is that there was delay in getting the draft appeal memo and insufficiency of Court fees stamp. The reasons given are totally unsatisfactory. No case is made out for condoning the delay. Notice of Motion is dismissed with no order as to costs. (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)(DR.S.RADHAKRISHNAN, J.) (DR.S.RADHAKRISHNAN, J.)