1 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 ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION NOTICE NOTICE NOTICE OF OF OF MOTION NO.1237 of 2004 MOTION NO.1237 of 2004 MOTION NO.1237 of 2004 IN IN IN INCOME INCOME INCOME TAX TAX TAX APPEAL (L) NO.424 of 2004 APPEAL (L) NO.424 of 2004 APPEAL (L) NO.424 of 2004 The The The Commissioner of Income tax Commissioner of Income tax Commissioner of Income tax Central Central Central I, Mumbai I, Mumbai I, Mumbai ...... Appellant Appellant Appellant vs vs vs M/s M/s M/s Carol Carol Carol Info Services Ltd .. Respondent Info Services Ltd .. Respondent Info Services Ltd .. Respondent Mr.A.Kotangale,Sr.Adv. Mr.A.Kotangale,Sr.Adv. Mr.A.Kotangale,Sr.Adv. i/bMr.Pankaj i/bMr.Pankaj i/bMr.Pankaj Kapoor Kapoor Kapoor for for for Appellant in support of NM Appellant in support of NM Appellant in support of NM None None None for Respondent for Respondent for Respondent CORAM CORAM CORAM : DR.S.RADHAKRISHNAN & : DR.S.RADHAKRISHNAN & : DR.S.RADHAKRISHNAN & V.C.DAGA, V.C.DAGA, V.C.DAGA, JJ JJ JJ DATE DATE DATE : : : 5th June, 2007 5th June, 2007 5th June, 2007 P.C. P.C. P.C. 1.1.1. Heard learned counsel for the appellant. None Heard learned counsel for the appellant. None Heard learned counsel for the appellant. None appeared appeared appeared for for for the respondent though served. Perused the respondent though served. Perused the respondent though served. Perused the the the Notice of motion and the affidavit in support Notice of motion and the affidavit in support Notice of motion and the affidavit in support thereof. thereof. thereof. For the reasons stated therein, For the reasons stated therein, For the reasons stated therein, sufficient sufficient sufficient cause is made out for condoning the cause is made out for condoning the cause is made out for condoning the delay delay delay inin in filing the above appeal. There is no case filing the above appeal. There is no case filing the above appeal. There is no case of of of inaction, negligence or want of bonafide on the inaction, negligence or want of bonafide on the inaction, negligence or want of bonafide on the part part part of the applicant. of the applicant. of the applicant. 2.2.2. Notice of motion is made absolute in terms of Notice of motion is made absolute in terms of Notice of motion is made absolute in terms of prayer prayer prayer clause (a). clause (a). clause (a). (V.C.Daga, (V.C.Daga, (V.C.Daga, J) J) J) (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, J) J) J) 2