1 nma2679-10 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2679 OF 2010 IN INCOME TAX APPEAL NO.855 OF 2007 The Commissioner of Income Tax-V ..Appellant. V/s. Biostar Pharmaceuticals Pvt. Ltd. ..Respondent. Mr. Vimal Gupta for the appellant. Ms. Beena Pillai for the respondent. CORAM : J.P. DEVADHAR AND SMT. R.P.SONDURBALDOTA JJ. DATED : 22ND JUNE, 2011 P.C. :- 1. This Notice of Motion is taken out seeking condonation of 778 days delay in taking out the Notice of Motion for setting aside the order dated 2/7/2008. The Notice of Motion is opposed by the counsel for the assessee by filing a detailed reply. In our opinion, the cause shown in the affidavit in support of the Notice of Motion cannot be said to be sufficient cause to condone the delay of 778 days. However, taking into consideration the fact that substantial question of law is raised in the 2 nma2679-10 appeal, we condone the delay subject to the payment of cost of Rs. 5,000/- to be paid to the respondent within a period of 2 weeks from today. 2. Subject to the above, the Notice of Motion is made absolute in terms of prayer clauses (a) & (b). 3. Notice of Motion is disposed off accordingly. (SMT. R.P.SONDURBALDOTA, J.) (J.P. DEVADHAR, J.)