The Cit, Bombay v. M/S.sakura Coaters Pvt.ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3729 OF 2006 IN INCOME TAX APPEAL (LODG.) NO.1411 OF 2006 The CIT, Bombay ..Appellant Versus M/s.Sakura Coaters Pvt.Ltd., ..Respondent ---- Mr.A.S.Rao for the appellant. ---- Coram : F.I.REBELLO & R.S.MOHITE,JJ Date : 14.01.2008. PC 1. This is a Notice of Motion for condonation of 332 days delay in filing of the main appeal. On perusal of the affidavit in support of the Motion, we find that the Chief Commissioner approved the filing of the appeal on 2.9.2005 but the case papers were sent for drafting on 15.2.2006. The draft was received back on 29.3.2006. The dates as to events which occurs between 4.5.2006 and the filing of the appeal on 1.8.2006 have not been properly set out. Sufficient cause is not shown for the period between 4.5.2006 and 1.8.2006. The delay during this period remains unexplained. Similarly the order dated 25.2.2005 was admittedly received by the income tax department on 5.5.2005. Filing of the appeal was however, recommended on 16.8.2005. The delay between 5.5.2005 and 16.8.2006 is not properly explained. Hence, the cause shown is not sufficient. Notice of Motion dismissed. (R.S.MOHITE,J) (F.I.REBELLO,J) (R.S.MOHITE,J) (F.I.REBELLO,J) (R.S.MOHITE,J) (F.I.REBELLO,J) IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (LODG.) NO.1411 OF 2006 The CIT, Bombay ..Appellant Versus M/s.Sakura Coaters Pvt.Ltd., ..Respondent ---- Mr.A.S.Rao for the appellant. ---- Coram : F.I.REBELLO & R.S.MOHITE,JJ Coram : F.I.REBELLO & R.S.MOHITE,JJ Date : 14.01.2008. PC 1. As the Notice of Motion dismissed, appeal also stands dismissed. Refund of court fees as per rules. Certified copy expedited. (R.S.Mohite,J) (F.I.Rebello,J) (R.S.Mohite,J) (F.I.Rebello,J)