IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 1066 OF 2003 OF MOTION NO. 1066 OF 2003 OF MOTION NO. 1066 OF 2003 IN IN IN INCOME INCOME INCOME TAX APPEAL (L) NO. 292 OF 2003 TAX APPEAL (L) NO. 292 OF 2003 TAX APPEAL (L) NO. 292 OF 2003 The Comissioner of Income Tax ] .. Appellant Versus Shri Ravindra K. Mariwala ] .. Respondent None for the appellant. Mr. S.J. Mehta for the respondent. CORAM: S.B. MHASE & A.A. KUMBHAKONI, JJ. DATED: 27TH JUNE, 2008 P.C. : 1. None present for the appellant. 2. This Notice of Motion is for condonation of delay of 148 days in filing the Income Tax Appeal as against the order passed for the assessment year 1997-1998 on 31st May, 2002 by the Assistant Registrar, ITAT, Mumbai. 3. As against the said order, the respondent - assessee has also filed an appeal bearing No.ITA 390 of 2004, which is already admitted by this court. In view : 2 : of the said appeal being admitted filed on behalf of the assessee in respect of the same order, we find it appropriate to condone the delay of 148 days in filing this appeal and the said delay is, accordingly, condoned. 3. The office is directed to number this appeal and process the same for admission along with the companion appeal. 4. Notice of Motion stands disposed of accordingly. Sd/- Sd/- [A.A. [A.A. [A.A. KUMBHAKONI, J.] KUMBHAKONI, J.] KUMBHAKONI, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]