1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2975 OF 2005 IN INCOME TAX APPEAL(L)NO.1229 OF 2005 The Commissioner of Income Tax, ..Appellant Mumbai V/s. M/s.Puri Construction (Bom) P. Ltd. ..Respondent Mumbai Mr.A.S.Rao & Mr.P.S.Sahadevan, Advocate, for Appellant Usha Dalal, Advocate, for Respondent CORAM : F.I.REBELLO & R.S.MOHITE,JJ. DATE : 5TH FEBRUARY, 2008 P.C. . This is a Notice of Motion for condoning a delay of 676 days in filing of the main appeal. On perusal of the affidavit in support we find that the file was sent to the Ministry of Law on 9th October, 2003. The draft appeal memo was received on 24th February, 2004. However, the appeal was filed on 3rd October, 2005. The last date of filing appeal was 27th November, 2003. The delay caused between 24th February, 2004 and 9th October, 2003 has 2 not been properly explained. In our view, therefore, the cause shown does not amount to sufficient cause and hence, the Notice of Motion stands dismissed. (R.S.MOHITE, J.) (F.I.REBELLO, J.)