((-1-)) HVN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4176 OF 2006 IN INCOME TAX APPEAL (L) NO. 2468 OF 2006 The Commissioner of Income Tax ... Appellant Vs. M/s. Advitiya Fabrics Pvt. Ltd. ... Respondent Mr.P.S. Sahadevan for the Appellant. Mr. J.D. Mistry with Mr. Raj Darak for Respondent. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & R.S. MOHITE, JJ. R.S. MOHITE, JJ. R.S. MOHITE, JJ. DATED: JANUARY 15, 2008 DATED: JANUARY 15, 2008 DATED: JANUARY 15, 2008 P.C. P.C. P.C. . This is a notice of motion for condoning delay of 778 days in filing the main tax appeal. On perusal of the affidavit in support of the notice of Motion, we find that the report was received from Department on 25.6.2004 and the draft was receivfed on 10.11.2006. The events occured during this period is not properly explained. In the circumstances, sufficient cause is not shown to condone the delay. Hence, Notice of Motion is dismissed. (R.S. MOHITE, J.) (R.S. MOHITE, J.) (R.S. MOHITE, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)