bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.3541 OF 2008 OF MOTION NO.3541 OF 2008 OF MOTION NO.3541 OF 2008 IN IN IN INCOME INCOME INCOME TAX APPEAL (L)NO.238 OF 2008 TAX APPEAL (L)NO.238 OF 2008 TAX APPEAL (L)NO.238 OF 2008 The Commissioner of Income Tax ..Appellant Vs. M/s.Continental Air Services Pvt.Ltd. ..Respondent Mr.P.S.Sahadevan for the Appellant. None for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & V.C.DAGA, V.C.DAGA, V.C.DAGA, JJ. JJ. JJ. DATE DATE DATE : 15TH DECEMBER, 2008 : 15TH DECEMBER, 2008 : 15TH DECEMBER, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. By this Notice of Motion, the Appellant is seeking the condonation of 602 days’ delay in filing the above Appeal. Perused the Notice of Motion and Affidavit-in-support thereof. 2. It appears, that the Appellant is challenging the impugned order dated 29th January, 2004 passed by the Income Tax Appellate Tribunal. The Chief Commissioner of Income Tax had granted approval for filing an Appeal on 26th April,2006. However, the present Appeal has been lodged on 31st January, 2008 i.e. after a lapse of almost one year and nine months. The reasons given for causing such a gross delay are, that of various administrative steps involved which were beyond the control of the Revenue. We are not at all satisfied with the reasons given for condoning the delay. Hence, the Notice of Motion :2: stands dismissed. 3. In view of the dismissal of the Notice of Motion, the above Appeal also stands dismissed. (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)