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.569 OF 2008 OF MOTION NO.569 OF 2008 OF MOTION NO.569 OF 2008 in in in INCOME INCOME INCOME TAX APPEAL (L) NO.2800 of 2008 TAX APPEAL (L) NO.2800 of 2008 TAX APPEAL (L) NO.2800 of 2008 The Director of Income Tax (International Taxation) .. Appellant Vs. M/s Van OOrd Dredging & Marine Contractors B.V. ..Respondent Mr.P.S.Sahadevan for Appellant Mr.P.Kaka with Mr.A.K.Jasani for Respondent CORAM CORAM CORAM : Dr.S.Radhakrishnan and : Dr.S.Radhakrishnan and : Dr.S.Radhakrishnan and A.V.Nirgude, A.V.Nirgude, A.V.Nirgude, JJ JJ JJ DATED DATED DATED : 17th June, 2008 : 17th June, 2008 : 17th June, 2008 P.C. 1. Heard learned counsel for the appellant and the respondent. By this notice of motion, the appellant is seeking condonation of 459 days delay caused in filing the appeal. 2. The appeal is filed against the I.T.A.T. order dt.29.3.06. The D.G.I.T.(IT) granted approval for filing the appeal on 5.5.06. However, the appeal came to be filed on 5.12.07 i.e. almost after 16 months. The delay mainly was draft memo of appeal was ready but could not be filed in time due to shortage of stamp paper in office. We are not at all satisfied with the reasons given for condonation of delay. No sufficient cause is made out for condonation of delay. Hence, Notice of motion stands dismissed. 2 3. In view of dismissal of the Notice of Motion, Income Tax Appeal (L) No.2800 of 2007 also stands dismissed. {A.V.Nirgude, {A.V.Nirgude, {A.V.Nirgude, J) J) J) (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, J) J) J)