1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1759 OF 2009 IN INCOME TAX APPEAL (L) NO.2647 OF 2008 The Commissioner of Income Tax – 5, Mumbai ..Appellant. Versus M/s.Vishwas Investment & Trading Co. Pvt. Ltd. ..Respondent. Mr.P.S. Sahadevan for the appellant. Ms.Aasifa Khan for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATE : 2nd JULY, 2009 P.C. : 1. Heard learned counsel for the revenue. The delay in filing appeal is of 1164 days. We were taken through the affidavit. No material facts and/or particulars giving sufficient cause for condoning delay is made out. The delay is not properly explained. The notice of motion is, therefore, rejected with no order as to costs. 2. Needless to mention that in view of rejection of the notice of motion, the appeal papers be consigned to the record department. (J.P. Devadhar, J.) (V.C. Daga, J.)