1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2425 OF 2008 WITH INCOME TAX APPEAL NO. 2006 OF 2008 CFL Securities Ltd. ..Appellant Vs. The Deputy Commissioner of Income Tax (OSD – II) ..Respondent Mr.Sameer G. Dalal for Appellant. Mr. P.S. Sahadevan for the Respondent. CORAM :- V.C.DAGA & J.P. DEVADHAR ,JJ. DATE : 15th June,2009 P.C. Heard learned counsel for the Appellant and learned counsel for the respondent. For the reasons stated in the affidavit, the delay of 395 days in filing the appeal is condoned. Notice of Motion is made absolute. Appellant is directed to remove office objections, if any and serve unserved respondent within four weeks from today. Hamdast allowed. In addition to hamdast service, private service by R.P.A.D./Speed Post is permitted. Failure on the part of the appellant to remove office objections and/or to serve unserved respondent, appeal shall, accordingly, stand dismissed against the unserved respondent without reference to the court. Registry is directed to register the appeal and place it for admission. Heard on the substantial question of law. Admit, on the following substantial question of law. 2 “Whether, on the fact and circumstance of the case, and in law, the Tribunal was right in confirming the disallowance of deduction with respect to the interest paid to National Stock Exchange for delay in payment of Security Deposit of Capital Market, amounting to Rs.3,58,963/-, by treating the same as pre-operative expenses?” (J.P. DEVADHAR, J.) (V.C.DAGA,J.)