Tax 26, Mumbai v. Mrs Pushpa M.potdar

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONNOTICE OF MOTION NO.1341 OF 2008inINCOME TAX APPEAL (L) NO.634 OF 2002inINCOME TAX APPEAL NO.OF 2008The Commissioner of IncomeTax 26, Mumbai..Appellant Vs. Mrs Pushpa M.Potdar.. Respondent Mr.P.S.Sahadevan for AppellantMr.P.N.Naik for Respondent P.C. CORAM : Dr.S.Radhakrishnan andA.V.Nirgude, JJDATED : 28th April, 2008 1. Heard learned counsel for the parties. Bythis notice of motion, the appellant is seekingcondonation of 120 days delay caused infiling theappeal. For the reasons stated in the affidavitin support of the notice of motion, sufficientcause is made out for condonation of delay andthere is no case of inaction, negligence or wantof bonafide on the part of the appellant. Hence,the notice of motion is made absolute in terms ofprayer clause (a). Learned counsel for theappellant undertakes to furnish copy of memo ofappeal along with its annexures within two weeksfrom today. 2. Place the appeal on board for admission in themonth of September, 2008 subject to numbering. (A.V.Nirgude, J) (Dr.S.Radhakrishnan, J)