VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION No. 1473 OF 2008 IN INCOME TAX APPEAL (L) No. 807 OF 2008 The Commissioner of Income Tax-9, Mumbai Appellant Vs. Shri Arvind Motasha Respondent Mr. Suraj M. Shah, for the Appellant. None for the Respondent. CORAM : Dr. S. RADHAKRISHNAN, AND A. P. BHANGALE, JJ. DATE : JUNE 4, 2008. PC :- . Heard the learned counsel for the appellant. By this Notice of Motion, appellant is seeking condonation of 405 delay in filing the appeal against the order dated 12th September 2006 passed by the learned Income Tax Appellate Tribunal. Perused the Notice of Motion and the affidavit in support thereof. It does not give any details or particulars, showing as to why such a long delay has occurred, except to say that in view of certain procedural requirement, the delay has occurred. We are not at all satisfied with the reasons given in - 2 - the affidavit, for condoning the delay, as no case is made out. Hence, the Notice of Motion stands dismissed. 2. In view of dismissal of the Notice of Motion, Income Tax Appeal (L) No. 807 of 2008 stands dismissed. Sd/- [ Dr. S. RADHAKRISHNAN, J. ] Sd/- [ A. P.BHANGALE, J.]