IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL SIDE. ORIGINAL SIDE. ORIGINAL SIDE. NOTICE OF MOTION NO. 1493 OF 2008 IN INCOME TAX APPEAL (LDG.) NO. 1050 OF 2008 ------------------------------------------------------------- Office Notes,Office : Memorandum of Coram, : Court’s or Judge’s orders appearances, Court’s : orders or directions : Prothonotaries orders. : ------------------------------------------------------------ P.P.Kakade for the appellant. Nitesh Joshi with Sandip Sharma i/b Shaunak Satpute & Co. for the respondent. CORAM: D.K.DESHMUKH AND CORAM: D.K.DESHMUKH AND CORAM: D.K.DESHMUKH AND V.C.DAGA, JJ. V.C.DAGA, JJ. V.C.DAGA, JJ. DATED: 9th July 2008. DATED: 9th July 2008. DATED: 9th July 2008. P.C.: P.C.: P.C.: . Heard learned counsel for both sides. 2. No reply has been filed by the respondent to the affidavit filed in support of notice of motion. 3. It appears that there is no proper explanation given why the department took seven months to draft appeal. However, considering that the public revenue is involved, in our opinion, it would be proper to condone delay, but the appellant will have to pay costs to the respondent. 4. Motion is granted in terms of prayer clauses (a), subject to payment of costs of Rs.2,000/- to the respondent. . Motion stands disposed of. (V.C.DAGA, J.) (D.K.DESHMUKH, J.) (V.C.DAGA, J.) (D.K.DESHMUKH, J.) (V.C.DAGA, J.) (D.K.DESHMUKH, J.)