The Cit-9 v. M/S.centaur Pharmaceutical P.ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3057/2008 IN ITXA (L) NO.2772/2008 The CIT-9 .. Appellant Vs. M/s.Centaur Pharmaceutical P.Ltd. .. Respondent Mr.P.S.Sahadevan for the Appellant. None for the Respondent. CORAM :- DR.S.RADHAKRISHNAN & V.C.DAGA, JJ. DATE : 17th November, 2008 P.C. P.C. 1. Heard the learned Counsel for the Appellant. By this Notice of Motion, the Appellant is seeking condonation of 1344 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 7.7.2004. We are not satisfied with the reasons given for condonation of delay. The only reason given for delay is that the matter had to be examined at various levels of the Department to assess whether the matter is worth of appealing or not, and the procedural requirement took considerable time. The affidavit does not even disclose as to when the Chief CIT had granted approval for filing the Appeal. 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.2772/2008 also stands dismissed. (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.)