1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.358 OF 2008 IN INCOME TAX APPEAL (L) NO.52 OF 2008 The Commissioner of Income Tax-1.. Appellant Vs. M/s.Chika Overseas Ltd. .. Respondent Mr.A.S.Rao for the appellant None for the respondent CORAM : DR.S.RADHAKRISHNAN & CORAM : DR.S.RADHAKRISHNAN & CORAM : DR.S.RADHAKRISHNAN & SANTOSH BORA, JJ. SANTOSH BORA, JJ. SANTOSH BORA, JJ. DATED : 17TH APRIL, 2008 DATED : 17TH APRIL, 2008 DATED : 17TH APRIL, 2008 P.C.: 1. None appears for the respondent though served. By this Notice of Motion, the Appellant is seeking condonation of 672 days’ delay caused in filing the Appeal . 2. Perused the affidavit-in-support of the Notice of Motion. It appears that though the last date for filing the Appeal was 04.04.06 and the 2 Commissioner of Income Tax had granted approval for filing an Appeal on 17.10.05 the Appeal came to be filed belatedly on 08.01.08. 3. We are not satisfied with the reasons given for condonation of delay. The reasons given for delay is that of getting the draft memo of Appeal prepared and due to administrative exigencies and the procedural formalities etc. do not appear to be justifiable. No sufficient cause is made out for condonation of delay. Hence, Notice of Motion stands dismissed. 4. In view of the dismissal of the Notice of Motion, Income Tax Appeal (L) No.52 of 2008 also stands dismissed. (DR.S.RADHAKRISHNAN, J.) (DR.S.RADHAKRISHNAN, J.) (DR.S.RADHAKRISHNAN, J.) (SANTOSH BORA, J.) (SANTOSH BORA, J.) (SANTOSH BORA, J.)