Tax-4 v. M/S. Nirmi Investment

1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 678 OF 2008 ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 678 OF 2008 IN IN IN INCOME TAX APPEAL (L) NO. 379 OF 2008 INCOME TAX APPEAL (L) NO. 379 OF 2008 INCOME TAX APPEAL (L) NO. 379 OF 2008 The Commissioner of Income Tax-4. .. Appellant. vs. M/s. Nirmi Investment & Capital Marketing Ltd. .. Respondent. Mr. P.S. Sahadevan for Appellant. Mr. Hiro Rai for Respondent. CORAM: DR. S. RADHAKRISHNAN & CORAM: DR. S. RADHAKRISHNAN & SANTOSH BORA, JJ. SANTOSH BORA, JJ. DATE: 17TH APRIL, 2008. DATE: 17TH APRIL, 2008. P.C. . Heard the learned counsel for the parties. By this Notice of Motion, the Appellant is seeking condonation of 127 days delay caused in filing the Appeal. For the reasons stated in the affidavit-in-support of the Notice of Motion, sufficient cause is made out for condonation of delay, 2 and there is no case of inaction, negligence or want of bonafide on the part of the Appellant. Hence, the Notice of Motion is made absolute in terms of prayer clause (a). 2. Place the Appeal on Board for admission in the month of September, 2008, subject to numbering. (DR. S. RADHAKRISHNAN, J.) (DR. S. RADHAKRISHNAN, J.) (DR. S. RADHAKRISHNAN, J.) (SANTOSH BORA, J.) (SANTOSH BORA, J.)