:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.773 OF 2006 IN INCOME TAX APPEAL LODG. NO.233 OF 2006 The Commissioner of Incoe Tax-9. ..Appellant. Vs. Citycorp Securities & Investment Ltd. ..Respondent. Mr.S.M.Shah with Sandip Wasnik & P.S.Sahadevan for the Appellant. None for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 22nd January,2008 PC : 1. This is a notice of motion for condonation of 423 days delay in filing the main appeal. On perusal of the affidavit in support of the motion, we find that ITAT order was received by the department on 17.8.2004 and the appeal was filed on 18.2.2006. No proper explanation is given for the causing of this delay. The cause shown is not sufficient cause and therefore, notice of motion is dismissed. (R.S. MOHITE, J.) ( F.I. REBELLO, J.) :2: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL LODG. NO.233 OF 2006 The Commissioner of Income Tax-9. ..Appellant. Vs. Citycorp Securities & Investment Ltd. ..Respondent. Mr.S.M.Shah with Sandip Wasnik & P.S.Sahadevan for the Appellant. None for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 22nd January,2008 PC : 1. As the motion for condonation of delay is dismissed, appeal is dismissed. (R.S. MOHITE, J.) ( F.I. REBELLO, J.)