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 ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2553 OF 2005 IN INCOME TAX APPEAL (L) NO.1049 OF 2005 The Commissioner of Income tax. ..Appellant. Vs. Asian Paints (India) Ltd. ..Respondent. Ms. P.P. Bhosale with B.M.Chatterji and Mr. P.S.Sahadevan for the Appellant. Mr.A.K. Jasani with S.S. Shetty for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 6/2/2008. PC : 1. This is a notice of motion for condonation of 184- days delay in preferring the main appeal. We have perused the affidavit in support. Taking into account the facts stated in the affidavit in support, we propose to accept the cause shown for condonation of delay subject to levy of costs. Notice of motion is therefore, allowed and the delay in filing the appeal stands condoned subject to payment of costs of Rs.2500/- which is to be paid directly to the respondent within a period of four weeks from today. Office to number the appeal and list the same for admission. 2. Though we have condoned the delay, the appellant is directed to remove the office objections, if any, within four weeks from today failing which appeal to stand dismissed for non prosecution without further reference to the court. (R.S. MOHITE, J.) (F.I. REBELLO, J.)