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 ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1451 OF 2008 NOTICE OF MOTION NO.1451 OF 2008 NOTICE OF MOTION NO.1451 OF 2008 IN IN IN INCOME TAX APPEAL (L) NO.629 OF 2008 INCOME TAX APPEAL (L) NO.629 OF 2008 INCOME TAX APPEAL (L) NO.629 OF 2008 The Commissioner of Income Tax-21 .. Appellant Vs. Shri.Karim G.Morani .. Respondent Mr.Vimal Gupta with Mr.P.S.Sahadevan for the Appellant. None for the Respondent. CORAM :- DR.S.RADHAKRISHNAN & CORAM :- DR.S.RADHAKRISHNAN & CORAM :- DR.S.RADHAKRISHNAN & A.P.BHANGALE, JJ. A.P.BHANGALE, JJ. A.P.BHANGALE, JJ. DATE : 3rd June, 2008 DATE : 3rd June, 2008 DATE : 3rd June, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. By this Notice of Motion, the Appellant is seeking condonation of 707 days’ delay caused in filing the Appeal. 2. Perused the affidavit-in-support of the Notice of Motion. The Appellant is challenging ITAT’s order dated 26.08.2005. It appears that though the Chief CIT had granted approval for filing the appeal on 28.2.2006 the Appeal came to be filed belatedly on 1.3.2008 We are not satisfied with the reasons given for condonation of delay. The reasons given for delay that of getting the draft memo of Appeal prepared and non-availability of Court fee stamps etc. does not appear to be justifiable. No sufficient cause is made out for condonation of delay. Hence, Notice of Motion stands dismissed. 3. In view of dismissal of the Notice of Motion, Income Tax Appeal (L) No.629/2008 also stands dismissed. (A.P.BHANGALE, J.) (DR.S.RADHAKRISHNAN, J.) (A.P.BHANGALE, J.) (DR.S.RADHAKRISHNAN, J.) (A.P.BHANGALE, J.) (DR.S.RADHAKRISHNAN, J.)