/ 1/ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2477 OF 2007 IN INCOME TAX APPEAL(LODG) NO.1221 OF 2007 The Commissioner of Income Tax, Mumbai ...Appellant V/s. M/s. Aakrosh Investment & Leasing(P) Ltd. ...Respondent Mr.Vimal Gupta with Mr.P.S. Sahadevan for Appellant. Mr.J.D. Mistri with Mr.Raj Darak for Respondent. CORAM : DR.S. RADHAKRISHNAN & A.V. NIRGUDE, JJ. DATED : 29th APRIL, 2008. P.C.:- 1. Heard learned counsel for the appellant and learned counsel for the Respondent. By this Notice of Motion, appellant is seeking condonation of 275 days delay in filing appeal against order dated 31st March, 2006 passed by I.T.A.T. Perused the affidavit filed in support of Notice of Motion. The Chief Commissioner of Income Tax granted approval on 22nd August, 2006 for filing the appeal. However, the appeal was lodged on 7th June, 2007 after / 2/ lapse of nearly 10 months. The reasons given for the delay in filing the appeal is that there was delay in getting the draft appeal memo and shortage of stamp papers in the office of CIT-3, Mumbai. We are not at all satisfied with the above reasons. No case is made out for condoning the delay. Notice of motion is dismissed with no order as to costs. In view of disposal of Notice of Motion, the appeal also stands dismissed. (DR.S. RADHAKRISHNAN, J.) (A.V. NIRGUDE, J.)