The Cit -8 v. M/S.kec Infrastructures Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INITXA (L) NO.2204/2008 NOTICE OF MOTION NO.3140/2008IN NOTICE OF MOTION NO.3140/2008 NOTICE OF MOTION NO.3140/2008 The CIT -8 .. Appellant Vs. M/s.KEC Infrastructures Ltd. .. Respondent Mr.Suresh Kumar for the Appellant. Mr.R.Murlidhar i/by M/s.Shaunak Satpute & Co.for Respondent. CORAM :- DR.S.RADHAKRISHNAN & V.C.DAGA, JJ.DATE : 2nd December, 2008 CORAM :- DR.S.RADHAKRISHNAN & V.C.DAGA, JJ. DATE : 2nd December, 2008 P.C. P.C. 1. Heard the learned Counsel for the parties. By this Notice of Motion, the Appellant is seeking condonation of 390 days’ delay caused in filing the Appeal. Perused the affidavit-in-support of the Notice of Motion. The Appeal is against the ITAT’s order dated 09.02.2007. It appears that though the Chief CIT had granted approval for filing the Appeal on 25.04.2007 the Appeal came to be filed belatedly on 23.07.2008. We are not satisfied with the reasons given for condonation of delay. The reasons given for delay that of getting the draft memo of Appeal prepared and the other reasons stated to be beyond the control of the Appellant’s office including the administrative exigencies and procedural formalities etc. does not appear to be justifiable. No sufficient cause is made out for condonation of delay. Hence, Notice of Motion stands dismissed. 2. In view of dismissal of the Notice of Motion, Income Tax Appeal (L) No.2204/2008 also stands dismissed. (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.)