IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL SIDE ORIGINAL SIDE ORIGINAL SIDE NOTICE OF MOTION NO. 1497 OF 2008 NOTICE OF MOTION NO. 1497 OF 2008 NOTICE OF MOTION NO. 1497 OF 2008 IN IN IN INCOME TAX APPEAL (L) No. 806 OF 2008. INCOME TAX APPEAL (L) No. 806 OF 2008. INCOME TAX APPEAL (L) No. 806 OF 2008. The Commissioner of I.T. ...Appellant. Vs. M/s Special Steel Ltd. ...Respondent. (Now Tata S.S.Ltd) ------------------------------------------------------------- Office Notes,Office : Memoranda of Coram, : Court’s or Judge’s orders appearances,Court ’s : orders or directions & : Prothonotary’s orders. : ------------------------------------------------------------ Mr P. S. Sahadevan, Advocate for the Appellant. CORAM : DR.S.RADHAKRISHNAN CORAM : DR.S.RADHAKRISHNAN CORAM : DR.S.RADHAKRISHNAN and V.C.DAGA, JJ. and V.C.DAGA, JJ. and V.C.DAGA, JJ. DATED : 15TH OCTOBER, 2008. DATED : 15TH OCTOBER, 2008. DATED : 15TH OCTOBER, 2008. P.C.: P.C.: P.C.: 1. Heard the learned counsel for the Appellant. 2. By this notice of motion, the appellant is seeking condonation of 297 days dalay in filing the above appeal. However, we find that on 10.6.2008 time was taken to serve the respondent till 17.6.2008. Thereafter, the matter again appeared on board on 11.9.2008 on which date none appeared for the appellant. We adjourned the matter on 25.9.2008. Again, time was granted till 10.10.2008 to serve the respondent and file additional affidavit in support of notice of motion as the earlier affidavit was cryptic and not satisfactory. Till today, neither the appellant has taken steps to serve the respondent nor filed additional affidavit. Under these circumstances, we are constrained to dismiss the above notice of motion. 3. In view of dismissal of notice of motion, appeal also stands dismissed. (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J) (DR.S.RADHAKRISHNAN,J) (DR.S.RADHAKRISHNAN,J)