1 nma2788.10.sxw IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2788 OF 2010 IN INCOME TAX APPEAL 419 NO. OF 2010 The Income Tax Commissioner-7 ...Appellant. Vs. M/s Siemens Ltd. ..Respondent Mr. Vimal Gupta for the Appellant. Mr. Nitesh Joshi with Arun Siwach i/by Amar Chand & Mangaldas & S.A. Shroff & Co. for the Respondent. CORAM : J.P. DEVADHAR AND A.A. SAYED, JJ. DATE : 11TH AUGUST, 2011. P.C. 1. This Notice of Motion is taken out for seeking condonation of delay of 328 days in filing the appeal. Although the reasons given for condonation of delay in the affidavit in support of Notice of Motion are not satisfactory, looking to the stakes involved in the appeal, interest of justice would be met, if delay is condoned by imposing costs of Rs. 5000/-. Accordingly subject to payment of costs of Rs.5000/- to be paid by the appellant to the respondent within a period of 2 weeks from today, Notice of Motion is made absolute in terms of prayer clause (a). 2. Notice of Motion is disposed of. ( A.A. SAYED, J. ) ( J.P. DEVADHAR , J.)