IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2888 OF 2006 NOTICE OF MOTION NO.2888 OF 2006 NOTICE OF MOTION NO.2888 OF 2006 IN IN IN INCOME TAX APPEAL (LODG) NO.751 OF 2005 INCOME TAX APPEAL (LODG) NO.751 OF 2005 INCOME TAX APPEAL (LODG) NO.751 OF 2005 The Commissioner of Income Tax ..Appellant. V/s. M/s.Delta Air Lines ..Respondent. Mr.A.D.Kango with P.S.Sahadevan for appellant. Mr.Jitendra Singh i/b. DSK Legal for respondent. CORAM : DR. S.RADHAKRISHNAN AND CORAM : DR. S.RADHAKRISHNAN AND CORAM : DR. S.RADHAKRISHNAN AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 16TH APRIL, 2008. DATED : 16TH APRIL, 2008. DATED : 16TH APRIL, 2008. P.C. :- P.C. :- P.C. :- Heard learned counsel for the appellant and the learned counsel for the respondent. The Motion is filed for condonation of 371 days delay in filing the above appeal. Perused the affidavit filed in support of the Notice of Motion. The order of I.T.A.T. is dated 3/10/2003. The appeal was filed on 14/6/2005 i.e. after a lapse of about one year. The reasons given for the delay in filing the appeal is that there was a delay in receiving the draft appeal memo and reasons beyond the control of the appellant’s office. The reasons given are totally unsatisfactory. No case is made out for condoning the delay. Notice of Motion is dismissed with no order as to costs. (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (DR.S.RADHAKRISHNAN, J.) (DR.S.RADHAKRISHNAN, J.) (DR.S.RADHAKRISHNAN, J.)