1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE OF MOTION NO.1395 OF 2010 IN INCOME TAX APPEAL (L) NO.1127 OF 2010 Dakshata Fiance & Investment Pvt.Ltd. ...Appellant. Vs. Income Tax Officerf 8(1)(3), Mumbai. ...Respondent. .... Mr.Niraj Sheth with Mr.Rajesh Poojari i/b.MINT AND CONFERERESfor the Appellant. Mr.P.S.Sahadevan i/b. Ms.Padma Divakar for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD, J. July 2, 2010. P.C. : There is a delay of 115 days on the part of the assessee in filing the appeal. The delay has been occasioned since the assessee has moved a Miscellaneous Application under Section 254(2) of the Income Tax Act, 1961, before the Tribunal which was rejected on 23 March 2010. The delay has been satisfactorily explained in the affidavit in support of the Motion. The Motion is accordingly made absolute in terms of prayer clause (a). ( Dr.D.Y.Chandrachud, J.) ( J.P.Devadhar, J.)