SAS IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1706 OF 2006 NOTICE OF MOTION NO.1706 OF 2006 NOTICE OF MOTION NO.1706 OF 2006 IN IN IN INCOME TAX APPEAL (LOD) NO.888 OF 2006 INCOME TAX APPEAL (LOD) NO.888 OF 2006 INCOME TAX APPEAL (LOD) NO.888 OF 2006 The Commissioner of Income Tax ..Appellant. V/s. Hotel Apsara International ..Respondent. Mr.R.G.Bhat for appellant. CORAM : F.I.REBELLO AND CORAM : F.I.REBELLO AND CORAM : F.I.REBELLO AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 16TH OCTOBER, 2007. DATED : 16TH OCTOBER, 2007. DATED : 16TH OCTOBER, 2007. P.C. :- P.C. :- P.C. :- There is a delay of 401 days in preferring the appeal. There is affidavit in support filed by Smt.N.V.Nadkarni The I.T.A.T. order dated 4/10/2004 was sent to the assessing officer only on 7/1/2005. The file was forwarded to the Ministry of Law on 25/2/2005. The draft appeal memo was received on 28/2/2006 and the appeal was filed on 17/5/2006. There is no explanation whatsoever for the delay between 25/2/2005 and 28/2/2006. In our opinion, the cause shown would not amount to sufficient cause. Hence Motion is dismissed. (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (F.I.REBELL0, J.) (F.I.REBELL0, J.) (F.I.REBELL0, J.)