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.1533 OF 2008 OF MOTION NO.1533 OF 2008 OF MOTION NO.1533 OF 2008 in in in INCOME INCOME INCOME TAX APPEAL (L) NO.1080 of 2008 TAX APPEAL (L) NO.1080 of 2008 TAX APPEAL (L) NO.1080 of 2008 IN IN IN INCOME INCOME INCOME TAX APPEAL NO. TAX APPEAL NO. TAX APPEAL NO. OF OF OF 2008 2008 2008 The Commissioner of Income Tax 12 .. Appellant Vs. Shri Makhanlal Damani (Estate) .. Respondents Mr.A.S.Rao for Appellant Mr.Subhash Shetty for Respondents 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 : 11th June, 2008 : 11th June, 2008 : 11th June, 2008 P.C. 1. Heard the learned counsel for the parties. By this notice of motion, the appellant is seeking condonation of 253 delay caused in filing the appeal. 2. Perused the affidavit in support of the Notice of motion. It appears that though the last date for filing the appeal was 31.7.07 and the Commissioner of Income Tax had granted approval on 23.7.07 the appeal came to be filed belatedly on 9.4.08. However, almost 7 months was taken for getting the memo of appeal and further 15 days to get the court fee stamps for filing the appeal. 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 2 of motion stands dismissed. 3. In view of dismissal of the Notice of Motion, Income Tax Appeal (L) No.1080 of 2008 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)