1 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 ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION NOTICE NOTICE NOTICE OF OF OF MOTION NO.129 OF 2007 MOTION NO.129 OF 2007 MOTION NO.129 OF 2007 inin in INCOME INCOME INCOME TAX TAX TAX APPEAL (L) NO.2148 of 2006 APPEAL (L) NO.2148 of 2006 APPEAL (L) NO.2148 of 2006 inin in INCOME INCOME INCOME TAX APPEAL NO. TAX APPEAL NO. TAX APPEAL NO. OF OF OF 2007 2007 2007 The The The Commissioner Commissioner Commissioner of Income Tax of Income Tax of Income Tax Central Central Central III III III ...... Appellant Appellant Appellant vs vs vs Shri Shri Shri Bakir B.Jhaveri Bakir B.Jhaveri Bakir B.Jhaveri ...... Respondent Respondent Respondent Mr.B.M.Chatterjee Mr.B.M.Chatterjee Mr.B.M.Chatterjee with with with Ms.Poonam Bhosale Ms.Poonam Bhosale Ms.Poonam Bhosale for for for Appellant Appellant Appellant Mr.Chirag Mr.Chirag Mr.Chirag Shah Shah Shah i.b Bhaskar & Co for Respondent i.b Bhaskar & Co for Respondent i.b Bhaskar & Co for Respondent CORAM CORAM CORAM : : : F.I.REBELLO AND F.I.REBELLO AND F.I.REBELLO AND R.S.MOHITE, R.S.MOHITE, R.S.MOHITE, JJ JJ JJ DATED DATED DATED : 4TH DECEMBER, 2007 : 4TH DECEMBER, 2007 : 4TH DECEMBER, 2007 P.C. P.C. P.C. 1.1.1. There is a delay of 206 days in preferring the There is a delay of 206 days in preferring the There is a delay of 206 days in preferring the appeal. appeal. appeal. Mr.G.U.Ingole has filed an affidavit in Mr.G.U.Ingole has filed an affidavit in Mr.G.U.Ingole has filed an affidavit in support support support of the motion. Contents of the affidavit of the motion. Contents of the affidavit of the motion. Contents of the affidavit has has has not not not been rebutted. In our view, cause shown is been rebutted. In our view, cause shown is been rebutted. In our view, cause shown is sufficient sufficient sufficient cause. Delay is condoned,. Office to cause. Delay is condoned,. Office to cause. Delay is condoned,. Office to register register register the appeal. the appeal. the appeal. (F.I.Rebello, (F.I.Rebello, (F.I.Rebello, J) J) J) (R.S.Mohite, (R.S.Mohite, (R.S.Mohite, J) J) J) 2