[ASN] [ASN] [ASN] IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.620 OF 2009 IN INCOME TAX APPEAL LODGING NO.2828 OF 2008 The Commissioner of Income Tax-9. ..Appellant. Vs. Nirlon Ltd. ..Respondent. Mr.Suresh Kumar with Mr.P.S.Sahadevan for the Appellant. Mrs. Vasanti B. Patel for the Respondent. CORAM : F.I.REBELLO & R.S.MOHITE, JJ. DATE : 2ND MARCH, 2009. PC : 1. There is a delay of 529 days in preferring the appeal. From the affidavit in support of the motion, showing cause, we find that the order of ITAT was received on 17.11.2006. The Chief Commissioner of Income tax granted approval for filing the appeal on 15.3.2007. The file was sent to the panel counsel for drafting the appeal memo on 29.3.2007. The draft appeal memo was received on 18.8.2008. There is no explanation whatsoever showing cause for the delay between 29.3.2007 and 18.8.2008. 2. Apart from that, we find that the respondent company is under BIFR. The returns shows that the company is in loss. Considering also the above facts, in our opinion and as no cause has been shown by explaining the delay between 15.3.2007 and 18.8.2008, motion is dismissed. 3. As motion has been dismissed, appeal stands dismissed. (R.S. MOHITE, J.) (F.I. REBELLO, J.)