1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.2870 OF 2008 The Commissioner of Income Tax ..Appellant. V/s. M/s. Cable Corporation of India Ltd. ..Respondent. Mr.Suresh Kumar for appellant. Mr.V.S.Hadade for respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 6TH JULY, 2009. P.C. :- 1. There is a delay of more than 3 years and 6 months in filing the appeal. No Notice of Motion has been taken out. Atleast no statement to that effect is being made. Under these circumstances, the appeal is liable to be dismissed being barred by limitation for want of Notice of Motion for condoning the delay. 2. In para No.8 of memo of appeal, there is mention about delay, but no prayer for condoning the delay is made. There is no material placed on record explaining the reasons for the delay in filing the appeal. No separate affidavit explaining the reasons for delay in filing the appeal filed. Under these circumstances, we have no option but to dismiss the appeal holding it to be barred by limitation. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)