1 nma1215-11 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1215 OF 2011 IN INCOME TAX APPEAL NO.4782 OF 2010 The Commissioner of Income Tax-LTU, Mumbai ..Appellant. V/s. M/s. Asia Paints (India) Ltd. ..Respondent. Mr. Suresh Kumar for the appellant. Mr. Subhash S. Shetty for the respondent. CORAM : J.P. DEVADHAR AND A.A. SAYED, JJ. DATED : 5TH AUGUST, 2011 P.C. :- 1. This Notice of Motion is taken out seeking condonation of delay of 437 days in filing the Notice of Motion for setting aside the order dated 4/1/2010. The affidavit in support of the Notice of Motion do not disclose sufficient cause, however, in our opinion, interest of justice would be met if the delay is condoned subject to payment of costs. Accordingly, the Notice of Motion is allowed in terms of prayer clauses (a) & (b) subject to payment of cost of Rs.5,000/- to be paid by the appellant to the respondent, within a period of 2 weeks from today. 2. The appellant to remove office objections within 2 weeks from today. 3. Notice of Motion is disposed off accordingly. (A.A. SAYED, J.) (J.P. DEVADHAR, J.)