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.537 OF 2006 OF MOTION NO.537 OF 2006 OF MOTION NO.537 OF 2006 in in in INCOME INCOME INCOME TAX APPEAL (L) NO.224 of 2006 TAX APPEAL (L) NO.224 of 2006 TAX APPEAL (L) NO.224 of 2006 in in in INCOME INCOME INCOME TAX APPEAL NO. OF 2006 TAX APPEAL NO. OF 2006 TAX APPEAL NO. OF 2006 The Commissioner of Income Tax 13 .. Appellant Vs. Shri Rajesh M.Khandhar... Respondent Mr.A.S.Rao for Appellant Mr.Jitendra Singh for Respondent 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 learned counsel for the appellants and learned counsel for the respondents. 2. By this motion, the appellant is seeking condonation of 336 days delay caused in filing the appeal. 3. Perused the affidavit in support of the Notice of motion. It appears that though the last date for filing the appeal was 17.3.05 and the Commissioner of Income tax had granted approval for filing an appeal on 5.9.06. Thereafter, the draft memo of appeal was finally received in the office on 31.12.05 i.e.after a lapse of 14 months. Inspite of the aforesaid lapse of 14 months in filing the appeal, the appellant has stated that the appellants’ office was diligently following 2 the matter in filing the appeal on the due date. However, for reasons beyond the control of the appellants office, the aforesaid delay occured. We are not at all satisfied with the aforesaid reasons. No sufficient cause is made out for condonation of delay. Hence, Notice of motion stands dismissed. 4. In view of dismissal of the Notice of motion, Income Tax Appeal (L) No.224 of 2006 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)