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. 689 OF 2003 OF MOTION NO. 689 OF 2003 OF MOTION NO. 689 OF 2003 IN IN IN INCOME INCOME INCOME TAX APPEAL (L) NO. 172 OF 2003 TAX APPEAL (L) NO. 172 OF 2003 TAX APPEAL (L) NO. 172 OF 2003 The Commissioner of Income Tax ] .. Appellant/ Versus M/s. J.B. Sawant ] .. Respondent None for the appellant. Mr. A.K. Jasani for the respondent. CORAM: S.B. MHASE & A.A. KUMBHAKONI, JJ. DATED: 27TH JUNE, 2008 P.C. : 1. By this Notice of Motion, the appellant - Commissioner of Income tax has approached this court for condonation of delay of 30 days caused in filing the Income Tax Appeal (Lodg.) No.172 of 2003. 2. The learned counsel for the appellant is absent. However, the respondent is present. No reply has been filed. Therefore, the rule of non traverse of pleadings will apply. For the reasons stated in the Affidavit in support of the Notice of Motion, the thirty days delay is condoned. : 2 : 3. Office is directed to number the Income Tax Appeal and process the same for admission. 4. Notice of Motion stands disposed of accordingly. Sd/- Sd/- [A.A. [A.A. [A.A. KUMBHAKONI, J.] KUMBHAKONI, J.] KUMBHAKONI, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]