IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.806 OF 2008 OF MOTION NO.806 OF 2008 OF MOTION NO.806 OF 2008 in in in INCOME INCOME INCOME TAX APPEAL (L) NO.554 OF 2008 TAX APPEAL (L) NO.554 OF 2008 TAX APPEAL (L) NO.554 OF 2008 in in in INCOME INCOME INCOME TAX APPEAL NO. TAX APPEAL NO. TAX APPEAL NO. OF OF OF 2008 2008 2008 The Commissioner of Income Tax City 16 Mumbai . Appellant Vs. Mrs Madhavi M.Mariwala .. Respondent Mr.P.S.Sahadevan for Appellant Mr.A.K.Jasani for Respondents CORAM CORAM CORAM : Dr.S.Radhakrishnan and : Dr.S.Radhakrishnan and : Dr.S.Radhakrishnan and A.V.Nirgude, A.V.Nirgude, A.V.Nirgude, JJ JJ JJ DATED DATED DATED : 28th April, 2008 : 28th April, 2008 : 28th April, 2008 P.C. P.C. P.C. 1. Heard learned counsel for the parties. By this Notice of motion, the appellant is seeking condonation of 235 days delay caused in filing the appeal. 2. Perused the affidavit in support of the Notice of motion. The appeal is against the order of the I.T.A.T. dated 8th February, 2007 and the Commissioner of Income Tax had granted approval for filing the appeal on 21st November, 2007 and the appeal came tobe filed belatedly on 26th February, 2008. The only reason given for the delay is that due to various administrative stage include in decision making process of the department. We are not satisfied with the reasons given for condonation of delay. No sufficient 2 cause is made out for condonation of delay. Hence, Notice of motion stands dismissed. 3. In view of dismissal of the Notice of motion, Income Tax Appeal (L) No.554 of 2008 also stands dismissed. (A.V.Nirgude, (A.V.Nirgude, (A.V.Nirgude, J) J) J) (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, J) J) J)