1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3277 OF 2006 IN INCOME TAX APPEAL(L)NO.1599 OF 2006 The Commissioner of Income Tax-3 ..Appellant Mumbai V/s. M/s.Hercules Investment Ltd. ..Respondent Mr.Vimal Gupta with Mr.P.S.Sahadevan, Advocate, for Appellant Mr.J.D.Mistry with Mr.Raj Darak, Advocate, for Respondent CORAM : F.I.REBELLO & R.S.MOHITE,JJ. DATE : 29TH JANUARY, 2008 P.C. . This is a Notice of Motion for condoning a delay of 829 days in filing of the main appeal. On perusal of the affidavit in support it appears that Scrutiny report was received by the Judicial CIT on 13th May, 2004 but the draft appeal memo was received on or around 28th October, 2005. The delay caused in between 13th May, 2004 and 28th October, 2005 has not been properly explained. In the circumstances, the cause shown is not sufficient 2 cause and consequently, the Notice of Motion stands dismissed. (R.S.MOHITE, J.) (F.I.REBELLO, J.)