IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE OF MOTION NO.2569 OF 2009 IN INCOME TAX APPEAL (LODG.) NO.2621 OF 2008 The Commissioner of Income Tax-7(2) ..Appellant. Vs. Repro India Limited ..Respondent. .... Mr. Suresh Kumar for the Appellant. Mr. Sanjiv M. Shah for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD & J.P.DEVADHAR, JJ. 21st January, 2010. P.C. : The appeal in which the Notice of Motion has been taken out has already been dismissed on 9th July, 2009 by the Division Bench with the observation that in view of the decision of the Supreme Court in Chaudharana Steels (P) Limited v. Commissioner of Central Excise (238 ALT 705), this Court had held in CIT v. Grasim Industries Limited (NM 787/09 in ITA(L) 3592/08 decided on 8th July, 2009) that this Court had no power to condone the delay in filing an appeal under Section 260-A of the Income Tax Act, 1961. In the circumstances, this Motion cannot be entertained and is accordingly dismissed. (Dr. D.Y. Chandrachud, J.) (J.P. Devadhar, J.)