((-1-)) HVN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3343 OF 2005 IN INCOME TAX APPEAL (L) NO. 1415 OF 2005 The Commissioner of Income Tax ... Appellant Versus M/s. ATV Project India Ltd. ... Respondent Mr. S.M.Shah for the Appellant. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED: SEPTEMBER 18, 2007 DATED: SEPTEMBER 18, 2007 DATED: SEPTEMBER 18, 2007 P.C.: P.C.: P.C.: . There is delay of 378 days. There is affidavit in support of the motion. The order was received by Commissioner of Income Tax on 16.6.2004. The Scrutiny report was called for on 22.10.2004. There is no explanation whatsoever for this delay. The draft appeal was received by the Ministry of Law on 1.2.2005. The only averment is that stamp papers were not available till the end of September, 2005. The appeal itself was filed on 26.10.2005. No explanation for the said delay also. Considering the cause shown, the same would not amount to sufficient cause. Hence, motion dismissed. ((-2-)) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)