1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3559 OF 2005 IN INCOME TAX APPEAL (L) NO.1501 OF 2005 The Commissioner of Income Tax-IX, ..Appellant Mumbai V/s. M/s.Dynamix Dairy Industries Pvt.Ltd. ..Respondent Mumbai Mr.B.M.Chatterji with Mrs.P.P.Bhosale & Mr.P.S.Sahadevan, Advocate, for Appellant Mr.S.J.Mehta & Ms.A.Vissanji, Advocate, for Respondent CORAM : F.I.REBELLO & R.S.MOHITE, JJ. DATE : 29TH JANUARY, 2008 P.C. . The delay is less than 200 days. Considering the practical difficulties which the Department was facing including referring the matters to the Law Department, Government of India for drafting the Appeal Memo and considering the affidavit in support of the Notice of Motion, in our opinion, the cause shown would amount to sufficient cause. Hence, delay condoned. The Notice of Motion is allowed in terms of prayer 2 Clause (a). Office to register the Appeal and list the same for admission. 2. Though we have condoned the delay, the Appellant is directed to remove the office objections, if any, within six weeks from today, failing which Appeal to stand dismissed for non- prosecution without further reference to the Court. (R.S.MOHITE, J.) (F.I.REBELLO, J.)