The Commissioner Of Income Tax-7 v. M/S.tracstar Investment Ltd

T IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTIONNOTICE OF MOTION NO. 350 OF 2011 IN INCOME TAX APPEAL NO.4958 OF 2010 The Commissioner of Income tax-7 Vs. M/s.Tracstar Investment Ltd ..Appellant. ..Respondent. Ms.Suchitra Kamble, for the Appellant. Mr.Mandar Vaidya i/b Ray's Law Firm for the Respondent. CORAM : J.P. DEVADHAR AND A.A. SAYED, JJ.DATE : 7TH JULY, 2011. P.C. 1.Heard. 2.This notice of motion is taken out seeking condonation of delay of 470 days in filing the notice of motion for restoration of the appeal. The notice of motion is opposed by the counsel for the revenue. Perusal of the affidavit in support of the notice of motion does not disclose sufficient cause for restoration of the appeal. However, in the interest of justice, it would be just and proper to condone the delay subject to payment of cost of Rs. 5000/- to be paid by the appellant to the respondent within a period of two weeks from today. 3. Subject to payment of costs of Rs.5000/- to be paid by the appellant to the respondent within two weeks from today, the notice of motion is made absolute in terms of prayers (a) and (b). ( A.A. SAYED, J. ) (J.P. DEVADHAR, J.)