1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL SIDE Notice of Motion No.1842 of 2008 In Income Tax Appeal Lodg.No.1394 of 2008 The Commissioner of Income Tax-14, Mumbai Appellant Vs. Shri Vipul Mehta Respondent Mr.Suraj M. Shah for appellant. CORAM: B.H.MARLAPALLE & D.B.BHOSALE,JJ. July 7, 2008 P.C. . Heard Mr.Shah, the learned counsel for the applicant - Revenue. Income Tax Appeal Lodging No.1394 of 2008 has been filed belatedly by the Revenue and hence this Notice of Motion for condonation of delay. . Mr.Shah states that notice was given to the respondent - assessee - company clearly informing today’s date and he has already filed an affidavit-of-service on record. . We have perused the affidavit in support of 2 this Motion filed by Shri M.S.Menon, ITO-14(1)-1 and we are satisfied that the delay caused in filing this appeal (142 days) has been properly explained and the same deserves to be condoned. . Hence the Notice of Motion is allowed in terms of prayer clause (a). . Appeal to be listed before the appropriate Bench. (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.)