1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1749 OF 2006 IN INCOME TAX APPEAL (L) NO.6 OF 2006 IN INCOME TAX APPEAL NO. OF 2007 The Commissioner of Income Tax-10.. Appellant Vs. M/s.Infrastructure Leasing and Financial Services Ltd .. Respondent Mr.P.S.Sahadevan for the appellant Mr.Sameer Dalal for the respondent CORAM : DR.S.RADHAKRISHNAN & CORAM : DR.S.RADHAKRISHNAN & CORAM : DR.S.RADHAKRISHNAN & SANTOSH BORA, JJ. SANTOSH BORA, JJ. SANTOSH BORA, JJ. DATED : 22ND APRIL, 2008 DATED : 22ND APRIL, 2008 DATED : 22ND APRIL, 2008 P.C.: 1. Heard the learned counsel for the parties. By this Notice of Motion, the Appellant is seeking condonation of 336 days’ delay caused in filing the Appeal. 2. Perused the affidavit-in-support of the Notice of Motion. It appears that though the last 2 date for filing the Appeal was 01.07.05 and the Commissioner of Income Tax had granted approval for filing an Appeal on 26.05.05, the Appeal came to be filed belatedly on 2.6.06 i.e. after a lapse of almost 1 year. 3. We are not satisfied with the reasons given for condonation of delay. The reasons given for delay is that of getting the memo of appeal drafted and shortage of court fee stamps etc. which do not appear to be justifiable. No sufficient cause is made out for condonation of delay. Hence, Notice of Motion stands dismissed. 4. In view of the dismissal of the Notice of Motion, Income Tax Appeal (L) No. 6 of 2006 also stands dismissed. (DR.S.RADHAKRISHNAN, J.) (DR.S.RADHAKRISHNAN, J.) (DR.S.RADHAKRISHNAN, J.) (SANTOSH BORA, J.) (SANTOSH BORA, J.) (SANTOSH BORA, J.)