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 ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3171 OF 2005 IN INCOME TAX APPEAL (L) NO.1325 OF 2005 The Commissioner of Income tax. ..Appellant. Vs. M/s. Sunflag Filaments Ltd. ..Respondent. Ms. P.P.Bhosale with B.M.Chatterji & P.S.Sahadevan for the Appellant. Mr. Jitu Motwani i/by PDS Legal for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 6TH FEBRUARY,2008. PC : 1. This is a notice of motion for condonation of 409 days delay in preferring the main appeal. We have perused the affidavit in support. We find that Chief CIT granted approval on 23.8.2004 and the appeal was filed on 17.10.2005. The events which occurred between the aforesaid two periods are vaguely referred to without giving any dates. In our view, the delay caused between the period 23.8.2004 and 17.10.2005 is not properly explained. Cause shown therefore, does not amount to sufficient cause and therefore, notice of motion stands dismissed. INCOME TAX APPEAL LODG. NO.1325 OF 2005 1. As the motion for condonation of delay is dismissed, appeal is also dismissed. (R.S. MOHITE, J.) (F.I. REBELLO, J.)