:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.792 OF 2006 IN INCOME TAX APPEAL (L) NO.348 OF 2006 The Commissioner of Income tax-5. ..Appellant. Vs. M/s. Vardhan Estates Pvt. Ltd. ..Respondent. Mr. R. Ashokan and P.S.Sahadevan for the Appellant. Mr.S.G.Dalal for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 22ND JANUARY,2008. PC : 1. This is a notice of motion for condonation of 336 days delay in preferring the main appeal. On perusal of the affidavit in support of the notice of motion, we find that the draft appeal memo was received from the Law Ministry on 4.4.2005 and the appeal was filed on 7.3.2007. There is no explanation about the delay caused between 4.4.2005 and 7.3.2007. In the circumstances, cause shown is not sufficient cause and therefore, notice of motion stands dismissed. (R.S. MOHITE, J.) (F.I. REBELLO, J.) :2: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.348 OF 2006 The Commissioner of Income tax-5. ..Appellant. Vs. M/s. Vardhan Estates Pvt. Ltd. ..Respondent. Mr. R. Ashokan and P.S.Sahadevan for the Appellant. Mr.S.G.Dalal for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 22ND JANUARY,2008. PC : 1. As the motion for condonation of delay is dismissed, appeal is dismissed. (R.S. MOHITE, J.) (F.I. REBELLO, J.)