IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 1700 OF 2008 OF MOTION NO. 1700 OF 2008 OF MOTION NO. 1700 OF 2008 in in in INCOME INCOME INCOME TAX APPEAL (L) NO.1190 of 2008 TAX APPEAL (L) NO.1190 of 2008 TAX APPEAL (L) NO.1190 of 2008 in in in INCOME INCOME INCOME TAX APPEAL NO. TAX APPEAL NO. TAX APPEAL NO. OF OF OF 2008 2008 2008 The Director of Income Tax Appellant (International Taxation) Vs. M/s Mckinsey & Co Inc.China .. Respondent Mr.P.S.Sahadevan for Appellant None for Respondent CORAM CORAM CORAM : Dr.S.Radhakrishnan and : Dr.S.Radhakrishnan and : Dr.S.Radhakrishnan and A.V.Nirgude, A.V.Nirgude, A.V.Nirgude, JJ JJ JJ DATED DATED DATED : 11th June, 2008 : 11th June, 2008 : 11th June, 2008 P.C. 1. Heard the learned counsel for the parties. By this Notice of motion, the appellant is seeking condonation of 561 days delay caused in filing the appeal. 2. Perused the affidavit in support of the Notice of Motion. The appeal was lodged on 22.4.08 i.e. almost 2 years later. The main reason appears to be that of substantial amount of work load and restructuring of the Directorate of International Taxation, Mumbai and also posting of new staff and physical transfer of more than 6090 files due to which the aforesaid delay has occured. The 2 affidavit does not disclose as to when the papers were sent for drafting the appeal memo and when court fee stamps were obtained. The affidavit in support is totally cryptic. We are not at all satisfied with the reaons given for condonation of delay. No sufficient cause is made out for condonation of delay. Hence, Notice of motion stands dismissed. 3. In view of dismissal of the Notice of motion, Income Tax Appeal (L) No.1190 of 2008 also stands dismissed. {A.V.Nirgude, {A.V.Nirgude, {A.V.Nirgude, J} J} J} {Dr.S.Radhakrishnan, {Dr.S.Radhakrishnan, {Dr.S.Radhakrishnan, J} J} J}