usj 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 OF MOTION NO.4048 OF 2008 IN INCOME TAX APPEAL (L) NO.2877 OF 2008 Director of Income Tax Ballard Pier, Mumbai-38 ..Appellant V/s. Deutsche Bank AG Kodak House, 222, Dr.D.N.Road, Fort, Mumbai-400 001. ..Respondent Mr. Parad A. Vyas for Appellant Mr. B.D. Damodar i/by Kanga & Co. for Respondent CORAM CORAM CORAM : F.I. REBELLO & : F.I. REBELLO & : F.I. REBELLO & R.S. R.S. R.S. MOHITE, JJ MOHITE, JJ MOHITE, JJ DATED DATED DATED : 7TH JANUARY, 2009 : 7TH JANUARY, 2009 : 7TH JANUARY, 2009. P.C. : 1. There is a delay of 335 days in preferring the appeal. The cause shown may not amount strictly to sufficient cause. Considering the tax incidence, we are inclined to condone the delay. 2. Delay is condoned subject to appellant paying costs to the respondent quantified at Rs.5,000/- within a period of 2 weeks from today. On such costs being paid, Office to register the appeal. On failure to pay, appeal to stand dismissed. 3. Notice of motion is disposed of accordingly. ( R.S. MOHITE,J.) R.S. MOHITE,J.) R.S. MOHITE,J.) ( F.I. REBELLO,J) F.I. REBELLO,J) F.I. REBELLO,J)