1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL LODGING NO.552 OF 2003 The Commissioner of Incoem-tax, Mumbai City XII .. Appellant. V/s. M/s.Kala Niketan .. Respondent. Mr.A.S. Rao for the appellant. Mr.B.V. Jhaveri for the respondent. CORAM : DR.S. RADHAKRISHNAN & J.P. DEVADHAR, JJ. DATED : 26TH FEBRUARY, 2007. P.C. : 1. In view of dismissal of the notice of motion seeking condonation of delay, the Income Tax Appeal does not survive. 2. The Income Tax Appeal stands dismissed accordingly. (DR.S. RADHAKRISHNAN, J.) (J.P. DEVADHAR, J.)