Tax-9 v. M/S. Suman Marbles

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 ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1115 OF 2008 NOTICE OF MOTION NO. 1115 OF 2008 NOTICE OF MOTION NO. 1115 OF 2008 IN IN IN INCOME TAX APPEAL (L) NO. 690 OF 2008 INCOME TAX APPEAL (L) NO. 690 OF 2008 INCOME TAX APPEAL (L) NO. 690 OF 2008 Commissioner of Income Tax-9. .. Appellant. vs. M/s. Suman Marbles Industries Pvt. Ltd., .. Respondents. Mr. P.S. Sahadevan for Appellant. None for Respondents. 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 Appellant. None appears for the Respondents. By this Notice of Motion, the Appellant is seeking condonation of 418 days delay caused in filing the Appeal. 2. Perused the affidavit-in-support of the Notice of Motion. It appears that though the last date for 2 filing the Appeal was 1.09.2006 and the affidavit does not even mention the date on which the approval of the Commissioner of Income Tax was obtained. 3. We are not satisfied with the reasons given for delay that procedural requirement took considerable time and that of getting the draft memo of Appeal prepared. No sufficient cause is made out for condonation of delay. Hence, Notice of Motion stands dismissed. 4. In view of the dismissal of the notice of motion, the appeal also stands dismissed. (DR. S. RADHAKRISHNAN, J.) (DR. S. RADHAKRISHNAN, J.) (SANTOSH BORA, J.) (SANTOSH BORA, J.)