srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1943 OF 2009 IN INCOME TAX APPEAL (L) NO.382 OF 2009 The Commissioner of Income Tax ..Appellant Vs. M/s. Birla International Pvt. Ltd. ..Respondent Mr. A.P. Singh i/b Ram Upadhyay for appellant Mr. Pankaj Toprani for respondent. CORAM :- V.C.DAGA & J.P.DEVADHAR,JJ. DATE : 29TH JUNE, 2009 P.C. Heard learned counsel for the parties. The learned counsel for the Revenue seeks condonation of 790 days delay in filing the appeal. Learned counsel for the Respondent-Assessee has strongly opposed the prayer made by the Revenue. We were taken through the affidavit. We find that the Respondent-Assessee has justified that the delay has not been explained properly. No material facts has been brought on record. As no sufficient cause is made out, Notice of Motion stands dismissed. In view of dismissal of Notice of motion, appeal also stands dismissed with no order as to costs. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)