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.79 OF 2008 OF MOTION NO.79 OF 2008 OF MOTION NO.79 OF 2008 in in in INCOME INCOME INCOME TAX APPEAL (L) NO.2942 OF 2007 TAX APPEAL (L) NO.2942 OF 2007 TAX APPEAL (L) NO.2942 OF 2007 The Commissioner of Income Tax..Appellant Vs. Shri J.M.Scindia HUF .. Respondent Mr.P.S.Sahadevan for Appellant Mr.A.K.Jasani i.b Mr.J.D.Mistry for Respt 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 709 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 29th July, 2006. The Commissioner of Income Tax had granted approval for filing an appeal on 20th December, 2006 and the appeal came to be filed on 19th December, 2007. We are not satisfied with the reasons given for condonation of delay. The reasons given for delay that for reasons beyond the control of the appellant’s office does not appear to be justifiable. No sufficient cause is 2 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. 2942 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)