The C.i.t.-12 v. Sunita R. Shah

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORIGINAL SIDE IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL SIDE NOTICE OF MOTION NO. 2976 OF 2008 NOTICE OF MOTION NO. 2976 OF 2008 NOTICE OF MOTION NO. 2976 OF 2008 IN IN IN INCOME TAX APPEAL (L) No. 2266 OF 2008 INCOME TAX APPEAL (L) No. 2266 OF 2008 The C.I.T.-12. ..Appellant. Vs. Sunita R. Shah ..Respondent. Mr R.A. Vaishampayan, Advocate for the Appellant. None 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 599 days dalay in filing the appeal. Perusal of the said affidavit indicates that more than 18 months have taken to get the appeal drafted and getting court fee stamp in the above appeal. The reason given for condonation of delay is that purely due to administrative exigencies amd the procedural formalities. 4. In the above circumstances, we are not satisfied with the explanation furnished to condone the delay. We have 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)