1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2158 OF 2004 IN INCOME TAX APPEAL (L) NO.873 OF 2004 The Commissioner of Income Tax .. Appellant. V/s. Birla International P. Ltd. .. Respondent. Mr.Ashok Kotangale i/by Pankaj Kapoor for the appellant. Ms.Usha Dalal i/by P.R. Toprani for the respondent. CORAM : F.I. REBELLO & J.P. DEVADHAR, JJ. DATED : 16TH JULY, 2007. P.C. : 1. Learned Counsel holding for the advocate on record on behalf of the respondent contends that the cause shown would not amount to sufficient cause. However, considering the additional affidavit filed and on the facts of this case as also considering that the matter is covered by the judgment of the Division Bench of Court, delay condoned. 2. The notice of motion is made absolute in terms of prayer clause (a). Office to register the appeal. (F.I. REBELLO, J.) 2 (J.P. DEVADHAR, J.)