1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.448 OF 2008 IN INCOME TAX APPEAL (L) NO.196 OF 2008 IN INCOME TAX APPEAL NO. OF 2008 The Commissioner of Income Tax-12..Appellant Vs. M/s.Husman Enterprises .. Respondent Mr.A.S.Rao for the appellant None for the respondent CORAM : DR.S.RADHAKRISHNAN & CORAM : DR.S.RADHAKRISHNAN & CORAM : DR.S.RADHAKRISHNAN & SANTOSH BORA, JJ. SANTOSH BORA, JJ. SANTOSH BORA, JJ. DATED : 17TH APRIL, 2008 DATED : 17TH APRIL, 2008 DATED : 17TH APRIL, 2008 P.C.: 1. None appears for the respondent though served. By this Notice of Motion, the Appellant is seeking condonation of 376 days’ delay caused in filing the Appeal. 2. Perused the affidavit-in-support of the Notice of Motion. It appears that though the last 2 date for filing the Appeal was 16.01.07 and the Commissioner of Income Tax had granted approval for filing an Appeal on 07.04.05, the Appeal came to be filed belatedly on 28.01.08. 3. We are not satisfied with the reasons given for condonation of delay. The reasons given for the delay is due to administrative exigencies and the procedural formalities and also for getting the memo of appeal drafted. do not appear to be justifiable. No sufficient cause is made out for condonation of delay. Hence, Notice of Motion stands dismissed. 4. In view of the dismissal of the Notice of Motion, Income Tax Appeal (L) No.196 of 2008 also stands dismissed. (DR.S.RADHAKRISHNAN, J.) (DR.S.RADHAKRISHNAN, J.) (DR.S.RADHAKRISHNAN, J.) (SANTOSH BORA, J.) (SANTOSH BORA, J.) (SANTOSH BORA, J.)