The Cit v. Mah.state Govt.employees Confederation

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3460 OF 2007 IN INCOME TAX APPEAL (L) NO.2011 OF 2007 The CIT ..Appellant Versus Mah.State Govt.Employees Confederation..Respondent ---- Mr.P.S.Sahadevan, Mr.A.S.Rao for the appellant. ---- Coram : F.I.Rebello & R.S.Mohite,JJ Coram : F.I.Rebello & R.S.Mohite,JJ Date : 26.02.2008 PC 1. This is a Motion for condoning 562 days delay in filing of the main appeal. A perusal of the affidavit-in-support indicates that the file was sent to the panel Counsel for drafting appeal memo on 16.6.2006. The draft appeal memo was furnished after 4 months in October 2006. Even after the draft appeal memo was ready a letter was written for Court fee stamp after delay of further period of 4 months on 21.2.2007. The stamps were available on 5.7.2007 but the appeal was filed after further delay of about 3 months on 3.9.2007. In our view, the delay caused between the aforesaid period has not been properly explained. Therefore, the cause shown does not amount to sufficient cause. Hence, Motion stands dismissed. INCOME TAX APPEAL (L) NO.OF 2007 . As the Motion for condoning delay is dismissed, appeal also stands dismissed. (R.S.Mohite,J) (F.I.Rebello,J)