IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1746/2006 IN IRXA (L) NO.5/2006 (The CIT Mumbai V/s.M/s.Infrastructure Leasing & Finance Services Ltd.) ____________________________________________________________________ Office Notes, Office Memo- ¦ -randa of Coram, Apperances¦ Court’s or Judges Orders Courts orders or directions¦ and Prothonotary’s orders ¦ -------------------------------------------------------------------- CORAM: DR.S.RADHAKRISHNAN & CORAM: DR.S.RADHAKRISHNAN & CORAM: DR.S.RADHAKRISHNAN & A.V.NIRGUDE, JJ. A.V.NIRGUDE, JJ. A.V.NIRGUDE, JJ. DATE DATE DATE : 30th April, 2008 30th April, 2008 30th April, 2008 P.C.: P.C.: P.C.: . Heard Mr.Vimal Gupta for the Appellant & Mr.Sameer Dalal for Respondent. By this Notice of Motion, the Appellant is seeking condonation of 336 days’ delay caused in filing the Appeal. It appears that though the Chief Commissioner of Income Tax had granted approval for filing an Appeal on 26.5.2005 the Appeal came to be filed belatedly on 2.6.2006 after a lapse of almost one year. The reasons given for delay viz.beyond the control of the appellant’s office etc. does not appear to be justifiable. No sufficient cause is made out for condonation of delay. Hence, Notice of Motion stands dismissed. 2. In view of dismissal of the Notice of Motion, Interest Tax Appeal (L) No.5/2006 also stands dismissed. (A.V.NIRGUDE, J.) (DR.S.RADHAKRISHNAN,J.) (A.V.NIRGUDE, J.) (DR.S.RADHAKRISHNAN,J.) (A.V.NIRGUDE, J.) (DR.S.RADHAKRISHNAN,J.)