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.3233 OF 2006 IN INCOME TAX APPEAL LODGING NO.1757 OF 2006 The Commissioner of Income Tax....Appellant Versus M/s.Birla International P.Ltd...Respondent Mr. A.S. Rao for the Appellant. Mrr. P.R. Toprani, for the 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 : 10TH DECEMBER 2007 : 10TH DECEMBER 2007 : 10TH DECEMBER 2007 P.C. P.C. P.C. . There is a delay of 102 days in preferring the Appeal. For the reasons set out while disposing of Notice of Motion No.3231 of 2006 in Income Tax Appeal Lodging No.1759 of 2006 and considering the affidavit in support of the Motion the cause shown would amount to sufficient cause. Hence delay condoned and Motion made absolute subject to the Appellants paying to the Respondents costs quantified at Rs.5,000/-. The said costs to be recovered from the officers responsible for the delay. The receipt of payment of costs to be filed in the Appeal. Motion made absolute accordingly. Office to register the appeal. (R.S.MOHITE, (R.S.MOHITE, (R.S.MOHITE, J.) J.) J.) (F.I. (F.I. (F.I. REBELLO, J) REBELLO, J) REBELLO, J)