The Cit-9, Mumbai v. M/S.ajanta Pharma Ltd.mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. O. O. C. J. O. O. C. J. NOTICE OF MOTION NO.3061/2008 IN ITXAL 2773/2008 The CIT-9, Mumbai .. Appellant Vs. M/s.Ajanta Pharma Ltd.Mumbai .. Respondent Mr.P.S.Sahadevan for the Appellant. Mr.J.D.Mistry with Mr.A.K.Jasani for the Respondent. CORAM :- DR.S.RADHAKRISHNAN & V.C.DAGA, JJ.DATE : 17th November, 2008 CORAM :- DR.S.RADHAKRISHNAN & V.C.DAGA, JJ. DATE : 17th November, 2008 P.C. P.C. 1. Heard the learned Counsel for the parties. By this Notice of Motion, the Appellant is seeking condonation of 1037 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 18.5.2005. We are not satisfied with the reasons given for condonation of delay. The only reasons given for delay that the matter had to be examined at various levels of the Department to assess whether the matter is worth of appealing or not, the procedural requirement took considerable time including drafting of the Appeal Memo etc., does not appear to be justifiable. The affidavit in support is totally vague. 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.2773/2008 also stands dismissed. (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.)