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.3872 OF 2006 OF MOTION NO.3872 OF 2006 OF MOTION NO.3872 OF 2006 in in in INCOME INCOME INCOME TAX APPEAL (L) NO.2312 of 2002 TAX APPEAL (L) NO.2312 of 2002 TAX APPEAL (L) NO.2312 of 2002 in in in INCOME INCOME INCOME TAX APPEAL NO. OF 2006 TAX APPEAL NO. OF 2006 TAX APPEAL NO. OF 2006 The Commissioner of Income Tax 2 Mumbai .. Appellant Vs. M/s Tata Projects Ltd .. Respondents Mr.P.S.Sahadevan with Ms.P.P.Bhosale for Appellant None for Respondents 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 appellant. By this notice of motion, the appellant is seeking condonation of 698 days delay caused in filing the appeal. The appeal is against the order dated 11th June, 2004 passed by the I.T.A.T. Mumbai. Perused the affidavit in support of the notice of motion. The Commissioner of Income Tax had granted approval for filing an appeal on 17th November, 2004 and the appeal came to be filed on 13th November, 2006. We are not satisfied with the reasons given for condonation of delay. The reasons given for delay that of getting the draft 2 memo of appeal prepared and non-availability of court fee stamps etc does not appear to be justifiable. No sufficient cause is made out for condonation of delay. Hence, notice of motion stands dismissed. In view of dismissal of the notice of motion, Income Tax Appeal (L) No.2312 of 2006 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)