IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.531 OF 2008 NOTICE OF MOTION NO.531 OF 2008 NOTICE OF MOTION NO.531 OF 2008 IN IN IN INCOME TAX APPEAL (L) NO.1976 OF 2006 INCOME TAX APPEAL (L) NO.1976 OF 2006 INCOME TAX APPEAL (L) NO.1976 OF 2006 The Commissioner of Income Tax .. Appellant Vs. M/s.Indian Express News. .. Respondent Mr.Vimal Gupta with Mr.P.S.Sahadevan for the Appellant. None for the Respondent. CORAM :- DR.S.RADHAKRISHNAN & CORAM :- DR.S.RADHAKRISHNAN & CORAM :- DR.S.RADHAKRISHNAN & A.V.NIRGUDE, JJ. A.V.NIRGUDE, JJ. A.V.NIRGUDE, JJ. DATE : 30th April, 2008 DATE : 30th April, 2008 DATE : 30th April, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. By this Notice of Motion, the Appellant is seeking condonation of 323 days’ delay caused in filing the Appeal. Perused the affidavit-in-support of the Notice of Motion. It appears that though the last date for filing the Appeal was 9.11.2005, the Appeal came to be filed belatedly on 27.9.2006. We are not satisfied with the reasons given for condonation of delay. The reasons given for delay that of getting the draft memo of Appeal prepared and the administrative difficulties including the other reasons stated to be beyond the control of the Appellant’s office etc. does not appear to be justifiable. No sufficient cause is made out for condonation of delay. Hence, Notice of Motion stands dismissed. 2. In view of dismissal of the Notice of Motion, Income Tax Appeal (L) No.1976/2006 also stands dismissed. (A.V.NIRGUDE, J.) (DR.S.RADHAKRISHNAN,J.) (A.V.NIRGUDE, J.) (DR.S.RADHAKRISHNAN,J.) (A.V.NIRGUDE, J.) (DR.S.RADHAKRISHNAN,J.)