:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.725 OF 2006 IN INCOME TAX APPEAL LODGING NO.238 OF 2006 The Commissioner of Income tax-12. ..Appellant. Vs. M/s. Ashok Commercial Enterprises. ..Respondent. Mr.A.S.Raio with P.S.Sahadevan for the Appellant. Dr. K. Shivram and A.R. Singh for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 22nd January,2008 PC : 1. This is a notice of motion for condonation of 627 days delay in filing the main appeal. On perusal of the affidavit in support, we find that file was sent to the Ministry of Law on 26.5.2005 and the draft appeal memo was received back in June, 2006. The period of more than one year form drafting the appeal cannot be said to be reasonable. Even the appeal was filed on 13.2.2006 i.e. after further delay of more than seven months. The delay during this period is not explained. In the circumstances, cause shown is not sufficient cause. Hence, motion is dismissed. (R.S. MOHITE, J.) (F.I. REBELLO, J.) :2: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL LODGING NO.238 OF 2006 The Commissioner of Income tax-12. ..Appellant. Vs. M/s. Ashok Commercial Enterprises. ..Respondent. Mr.A.S.Raio with P.S.Sahadevan for the Appellant. Dr. K. Shivram and A.R. Singh for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 22nd January,2008 PC : 1. As motion for condonation of delay is dismissed, appeal is dismissed. (R.S. MOHITE, J.) (F.I. REBELLO, J.)