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.1335 OF 2007 OF MOTION NO.1335 OF 2007 OF MOTION NO.1335 OF 2007 in in in INCOME INCOME INCOME TAX APPEAL (L) NO.697 OF 2007 TAX APPEAL (L) NO.697 OF 2007 TAX APPEAL (L) NO.697 OF 2007 in in in INCOME INCOME INCOME TAX APPEAL NO. OF 2008 TAX APPEAL NO. OF 2008 TAX APPEAL NO. OF 2008 The Commissioner of Income Tax Mumbai City 16 .. Appellant Vs. D.Kishorekumar and Co ... Respondent Mr.S.S.Sahadevan for Appellant None 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 : 28th April, 2008 : 28th April, 2008 : 28th April, 2008 P.C. P.C. P.C. 1. Heard learned counsel for the parties. By this notice of motion, the appellant is seeking condonation of 574 days delay caused in filing the appeal. 2. Perused the affidavit in support of the notice of motion. The appeal is against the order dated 31st March 2005 and the Commissioner of Income Tax had granted approval for filing an appeal on 19th August, 2005 the appeal came to be filed on 30th March 2007 i.e. after a lapse of 18 months. The reason given for delay is purely due to administrative exigencies and the procedural formalities etc. We not at all satisfied with the reasons given for condonation of delay. No sufficient cause is made out for condonation of delay. Hence, notice of motion stands dismissed. 3. In view of dismissal of the Notice of motion, Income Tax Appeal (L) No.697 of 2007 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)