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.1712 of 2008 OF MOTION NO.1712 of 2008 OF MOTION NO.1712 of 2008 in in in INCOME INCOME INCOME TAX APPEAL (L) NO.1215 of 2008 TAX APPEAL (L) NO.1215 of 2008 TAX APPEAL (L) NO.1215 of 2008 in INCOME INCOME INCOME TAX APPEAL NO. TAX APPEAL NO. TAX APPEAL NO. OF OF OF 2008 2008 2008 The Commissioner of Income Tax 18 .. Appellant Vs. M/s K.K. Johari (HUF) .. Respondent Mr.R.G.Bhatt 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 223 delay caused in filing the appeal. 2. Perused the affidavit in support of the Notice of motion. The appeal is against I.T.A.T. order 20.4.07. The affidavit does not give any particulars whatsoever as to when the Chief Commissioner of Income tax granted approval and when the papers were sent to the Advocate for drafting the appeal and when the papers were received after the draft was ready and when the department obtained the court fee stamps. Except a general statement is made that the department has been following to expedite filing as early as 2 possible due to the facts mentioned above, delay has taken place and the appellant regrets the same prays for leniency. We are not at all satisfied with the reasons 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.1215 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)