-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Notice of Motion No.660 of 2003 In Income Tax Appeal (L) No.163 of 2003 The Commissioner of Income Tax-3. .. Applicant v/s. M/s.Dwarkaprasad Anilkumar Pvt. Ltd. .. .. Respondent Mr.A.M. Kotangale for applicant. ---- CORAM : H.L. GOKHALE & CORAM : H.L. GOKHALE & CORAM : H.L. GOKHALE & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED : 21t August 2006 DATED : 21t August 2006 DATED : 21t August 2006 P.C. : P.C. : P.C. : 1. Heard Mr.Kontangale in support of this Motion. 2. Motion seeks condonation of delay of 329 days in filing the Appeal. In the supporting Affidavit, an explanation is given that there was restructuring of the department and due to which, the delay has been caused. We are not much impressed by this explanation. Yet not to cause any prejudice to the applicant, we condone the delay. Motion granted in terms of prayer (a). Appeal be numbered. None has appeared for the respondent, and an affidavit of service has been filed. 3. Motion disposed of. (H.L. GOKHALE, J.) (H.L. GOKHALE, J.) (H.L. GOKHALE, J.) -2- (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)