The Commissioner Of Income Tax-Tds v. M/S.tolani Shipping Co.ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4565 OF 2006 IN INCOME TAX APPEAL (L) NO.2521 OF 2006 The Commissioner of Income Tax-TDS)..Appellant Versus M/s.Tolani Shipping Co.Ltd., )..Respondents ---- Mr.Avinash D.Kango for the appellant. None for respondents. ---- Coram : F.I.REBELLO & R.S.MOHITE,JJ Date : 15.01.2008 PC 1. This is a Notice of Motion for condoning 477 days delay in filing of the main appeal. On perusal of the affidavit in support, we find that the approval for filing appeal was granted by Chief CIT on 26.05.2005 but the appeal memo was drafted sometime after 1.2.2006. In our view, period of 9 months for drafting the appeal memo cannot be said to be reasonable. Cause shown is therefore, not sufficient cause. Hence, Notice of Motion dismissed. (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 (L) NO.2521 OF 2006 INCOME TAX APPEAL (L) NO.2521 OF 2006 The Commissioner of Income Tax-TDS)..Appellant Versus M/s.Tolani Shipping Co.Ltd., )..Respondent ---- Mr.Avinash D.Kango for the appellant. None for the respondents. ---- Coram : F.I.REBELLO & R.S.MOHITE,JJ Date : 15.01.2008 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)