1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (LODG.) NO. 2741 OF 2009 WITH NOTICE OF MOTION NO. 4118 OF 2009 Mutha Founders Pvt. Ltd. ...Appellant V/s. Income Tax Officer 4(2) . ... Respondent. ---- Mr. S.J. Mehta, for the Appellant. Mr. P.S. Sahadevan, for the Respondent. ---- CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 15TH DECEMBER, 2009 P.C. : 1. Admittedly the appeal is barred by limitation. No sufficient cause is shown to condone the delay. Apart from this, following the decision of the Apex Court in the case of Chaudharan Steels (P) Ltd. Vs Commissioner of Central Excise reported in 2009 (238) ELT 705 (S.C.), we have held in the case of CIT Vs. Grasim Industries Ltd. (Notice of Motion No.787 of 2009 in I.T.A. (L) No.3592 of 2008 decided on 8/7/2009) that this Court has no 2 power to condone the delay in filing an appeal under section 260A of the Income Tax Act, 1961. Hence, the Notice of Motion stands dismissed. 2. The appeal is also stands dismissed being barred by limitation with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)