The Cit, Mumbai v. M/S.vijay Silk House (Varanasi) Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2502 OF 2007 NOTICE OF MOTION NO.2502 OF 2007 NOTICE OF MOTION NO.2502 OF 2007 IN IN IN INCOME TAX APPEAL (L) NO.1357 OF 2007 INCOME TAX APPEAL (L) NO.1357 OF 2007 The CIT, Mumbai .. Appellant Vs. M/s.Vijay Silk House (Varanasi) Ltd. .. Respondent Mr.Vimal Gulpta with Mr. P.S.Sahadevan for Appellant. Mr.Sameer Dalal for the Respondent. CORAM :- DR.S.RADHAKRISHNAN &J.P.DEVADHAR, JJ. CORAM :- DR.S.RADHAKRISHNAN & J.P.DEVADHAR, JJ. DATE : 15th April, 2008 P.C. P.C. 1. Heard the learned Counsel for the parties. By this Notice of Motion, the Appellant is seeking condonation of 20 days’ delay caused in filing the Appeal. For the reasons stated in the affidavit-in-support of the Notice of Motion, sufficient cause is made out for condonation of delay, and there is no case of inaction, negligence or want of bonafide on the part of the Appellant. It is also pointed out by the learned Counsel for the Appellant that though the tax effect involved in this case is less than Rs.4 lakhs, there are two decisions in favour of the Appellant-revenue. Hence, we are inclined to condone the delay caused in filing the Appeal. Notice of Motion is made absolute in terms of prayer clause (a). 2. Place the Appeal on board for admission in the month of June-2008, subject to numbering. (J.P.DEVADHAR, J.) (DR.S.RADHAKRISHNAN,J.) (J.P.DEVADHAR, J.) (DR.S.RADHAKRISHNAN,J.)