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.1764 of 2008 OF MOTION NO.1764 of 2008 OF MOTION NO.1764 of 2008 in in in INCOME INCOME INCOME TAX APPEAL (L) NO.1341 of 2008 TAX APPEAL (L) NO.1341 of 2008 TAX APPEAL (L) NO.1341 of 2008 in in in INCOME INCOME INCOME TAX APPEAL NO. TAX APPEAL NO. TAX APPEAL NO. OF OF OF 2008 2008 2008 The Director of Income Tax (International Taxation) .. Appellant Vs. M/s Mc Dermott ETPM Inc. Respondent Mr.P.S.Sahadevan for Appellant Mr.A.K.Jasani 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 the learned counsel for the parties. By this notice of motion, the appellant is seeking condonation of 1153 delay caused in filing the appeal. 2. Perused the affidavit in support of the Notice of motion. It appears that though the last date for filing the appeal was 8.3.05 the appeal was lodged almost after 3 yeara i.e. on 6.5.08. The affidavit also does not give the exact dates on which the memo of appeal was sent for approval to the office except to state there was a restructuring of the Directorate of International Taxation, Mumbai. We are not at all satisfied with the reasons given for condonatiion of delay. No sufficient cause is made out for condonation of 2 delay. Hence, Notice of motion stands dismissed. 3. In view of dismissal of the Notice of Motion, Income Tax Appeal (L) No.1341 of 2008 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)