The Commissioner Of Income Tax v. M/S.hindustan Construction Co.ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2546 OF 2008 IN IN IN INCOME TAX APPEAL (L) NO.2792 OF 2007 INCOME TAX APPEAL (L) NO.2792 OF 2007 The Commissioner of Income Tax .. Appellant V/s M/s.Hindustan Construction Co.Ltd. .. Respondent Mr.P.S.Sahadevan for the Appellant. Mr.S.M.Shah for the Respondent. CORAM : DR.S.RADHAKRISHNAN S.J.KATHAWALLA, JJ. DATE : 25th September, 2008. P.C.: P.C.: 1. Heard the learned Counsel for the parties. By this Notice of Motion, the Appellant is seeking condonation of 267 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. Hence, the Notice of Motion is made absolute in terms of prayer clause (a). 2. Mr.Sahadevan undertakes to serve the copy of memo of appeal on the Respondent within a period of one week from today. (S.J.KATHAWALLA, J.) (DR.S.RADHAKRISHNAN,J.) (S.J.KATHAWALLA, J.) (DR.S.RADHAKRISHNAN,J.)