/ 1/ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1235 OF 2008 IN INCOME TAX APPEAL LODGING NO.1811 OF 2005 The Commissioner of Income Tax, Mumbai ...Appellant V/s. M/s.Venus Continental ...Respondent Mr.A.D. Kango with Mr.P.S. Sahadevan for Appellant. None for Respondent. CORAM : DR.S. RADHAKRISHNAN & A.V. NIRGUDE, JJ. DATED : 29th APRIL, 2008. P.C.:- 1. Heard learned counsel for the Appellant. We have perused the order dated 4th February, 2008 passed in Notice of Motion No.69 of 2006 whereby, we have condoned the delay of 256 days in filing the appeal. However, appellant was directed to pay costs quantifying Rs.2500/- within a period of four weeks, which was also not paid within that period, however, / 2/ paid on 25th March, 2008. Order also made clear that appellant had to remove office objections and get appeal numbered within four weeks, failing which appeal shall stand dismissed for non prosecution without further reference to the Court. 2. Only explanation given in the affidavit in support of Notice of Motion in para 6 is that appeal could not be numbered in time for reasons beyond control of the appellant's officer and due to administrative difficulty. We are not at all satisfied with the above reason. Notice of Motion stands dismissed. Needless to say that appeal already stood dismissed by the earlier order. (DR.S. RADHAKRISHNAN, J.) (A.V. NIRGUDE, J.)