The Commissioner Of Income Tax v. Shri. Henrich Hunk

((-1-)) IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 97 OF 2006 IN INCOME TAX APPEAL (L) NO. 43 OF 2006 The Commissioner of Income Tax ... Appellant Versus Shri. Henrich Hunk ... Respondent Mr. A.S. Rao for the Appellant. Mrs. R.V. Thakkar for Respondent. CORAM: F.I. CORAM: F.I.REBELLO&J.P. DEVADHAR, JJ.DATED: SEPTEMBER 18, 2007 J.P. DEVADHAR, JJ. DATED: SEPTEMBER 18, 2007 P.C.: P.C.: . There is delay of 440 days. There is affidavit in support of the motion. The order was received by Commissioner of Income Tax - 26 on 02.07.2004. The file was forwarded to the Ministry of law after 29.10.2004. It is then set out that there was some dispute in drafting the appeal between the Panel Counsel and the Income Tax Department and the new panel was constituted only in the month of May, 2005. The appeal was preferred on 13.1.2006. There is no explanation for the delay. In our opinion, therefore, the cause shown would not amount to sufficient cause. Hence, motion dismissed. ((-2-)) (F.I.REBELLO, J.) (J.P. DEVADHAR, J.)(F.I.REBELLO, J.) (J.P. DEVADHAR, J.) (F.I.REBELLO, J.) (J.P. DEVADHAR, J.)