The Commissioner Of Income Tax-3 v. M/S.shangrila Inv.& Trading Co.pvt.ltd

( 1 ) 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.843 OF 2005 NOTICE OF MOTION NO.843 OF 2005 NOTICE OF MOTION NO.843 OF 2005 IN IN IN INCOME TAX APPEAL (L) NO.402 OF 2005 INCOME TAX APPEAL (L) NO.402 OF 2005 The Commissioner of Income Tax-3 .. Appellant Vs. M/s.Shangrila Inv.& Trading Co.Pvt.Ltd. .. Respondent Mr.Vimal Gupta for the Appellant. Mr.Raj Darak for the Respondent. CORAM :- DR.S.RADHAKRISHNAN &J.P.DEVADHAR, JJ. CORAM :- DR.S.RADHAKRISHNAN & J.P.DEVADHAR, JJ. DATE : 2nd April, 2008 DATE : 2nd April, 2008 P.C. P.C. 1. Heard the learned Counsel for the Appellant-revenue and the learned Counsel for the Respondent-assessee. By this Notice of Motion, the Appellant is seeking condonation of 298 days’ delay 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. Even there is no affidavit in reply filed by the Respondent controverting the contentions in the affidavit-in-support of the Notice of Motion. Hence, the Notice of Motion is made absolute in terms of prayer clause (a). (J.P.DEVADHAR, J.) (DR.S.RADHAKRISHNAN,J.) (J.P.DEVADHAR, J.) (DR.S.RADHAKRISHNAN,J.)