IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (LDG.) NO. 3270 OF 2008 AND INCOME TAX APPEAL (LDG.) NO. 3272 OF 2008 The Commissioner of Income-tax-, ... Appellant. V/s. M/s.Dynamic Pharmacals Ltd. ... Respondent. P.S.Sahadevan for the appellant. None for the respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 7th July 2009. P.C. : Heard learned counsel for the appellant and learned counsel for the respondent. 2. The delay in filing appeal is more than 4½ years. Admittedly, no notice of motion is taken out for condonation of delay. No material facts and particulars are to be found in support of the prayer for condonation of delay. As no sufficient cause is made out, we have no option but to dismiss the appeal as barred by limitation. 3. Appeal is, accordingly, dismissed with no order as to cost. (J.P.DEVADHAR, J.) (V.C.DAGA J.)