bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L)NO.2510 OF 2008 The Commissioner of Income Tax ..Appellant Vs. M/s.Gentech Laboratories Ltd. ..Respondent Mr.Suresh Kumar for appellant. CORAM :- V.C.DAGA & J.P.DEVADHAR,JJ. DATE : 1ST JULY, 2009 P.C. Heard learned Counsel for the parties. Learned Counsel for the appellant submits that the only penalty issue is involved in the appeal. He further submits that no Notice of Motion has been taken out for condonation of delay in the appeal. Under these circumstance, we have no option but to dismiss the appeal. In this view of the matter, the appeal stands dismissed as barred by limitation on the statement made by learned Counsel for the appellant. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)