:1: bgp bgp bgp 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.1706 OF 2008 OF MOTION NO.1706 OF 2008 OF MOTION NO.1706 OF 2008 IN IN IN INCOME INCOME INCOME TAX APPEAL (L) NO.2849 OF 2007 TAX APPEAL (L) NO.2849 OF 2007 TAX APPEAL (L) NO.2849 OF 2007 The Commissioner of Income Tax-1 ..Appellant Vs. M/s.Metazinc India Ltd. ..Respondent Mr.A.S.Rao for the Appellant. None for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & A.V.NIRGUDE, A.V.NIRGUDE, A.V.NIRGUDE, JJ. JJ. JJ. DATE DATE DATE : 18TH JUNE, 2008 : 18TH JUNE, 2008 : 18TH JUNE, 2008 P.C. P.C. P.C. . Heard the learned Counsel for the Appellant. None appeared for the Respondent, though served. Affidavit of service has already been filed on record. By this Notice of Motion, the Appellant is seeking condonation of 99 days’ delay caused in filing the above Appeal. Perused the Notice of Motion and Affidavit-in-support thereof. For the reasons stated therein sufficient cause is made out for condoning the delay. There is no case of inaction, negligence or want of bonafide on the part of the Appellant. Hence, the Notice of Motion is made absolute in terms of prayer clause (a). (A.V.NIRGUDE,J.) (A.V.NIRGUDE,J.) (A.V.NIRGUDE,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) :2: