1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL SIDE Notice of Motion No.1840 of 2008 In Income Tax Appeal Lodg.No.1402 of 2008 The Commissioner of Income Tax-14, Mumbai Appellant Vs. M/s.J.M.C. Builder Respondent Mr.Suraj M. Shah for appellant. Mr.Pramod Kumar Parida for resp. CORAM: B.H.MARLAPALLE & D.B.BHOSALE,JJ. July 7, 2008 P.C. . Heard Mr.Shah, the learned counsel for the applicant - Revenue and Mr.Parida, the learned counsel for the respondent - assessee. Income Tax Appeal Lodging No.1402 of 2008 has been filed belatedly by the Revenue and hence this Notice of Motion for condonation of delay. . We have perused the affidavit in support of this Motion filed by Shri M.S.Menon, ITO-14(1)-1 and we are satisfied that the delay caused in filing this appeal (142 days) has been properly explained and the same deserves to be condoned. 2 . Hence the Notice of Motion is allowed in terms of prayer clause (a). . Appeal to be listed before the appropriate Bench. (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.)