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. 2067 OF 2003 OF MOTION NO. 2067 OF 2003 OF MOTION NO. 2067 OF 2003 IN IN IN INCOME INCOME INCOME TAX APPEAL (L) NO. 678 OF 2003 TAX APPEAL (L) NO. 678 OF 2003 TAX APPEAL (L) NO. 678 OF 2003 The Commissioner of Income-tax ] .. Appellant Versus Balsara Extrusion Pvt.Ltd. ] .. Respondent None for the appellant. Mr. H.J. Mehta for the respondent. CORAM: S.B. MHASE & SMT.NISHITA MHATRE, JJ. DATED: 11TH JULY, 2008 P.C. : 1. None present for the appellant. 2. Heard learned counsel for the respondent. There is a delay of 162 days in filing the Income-tax Appeal. We have gone through the Affidavit in support of the Notice of Motion. The respondent, though served with a copy of the Notice of Motion and the Affidavit in support thereof, has not filed a reply. Hence, the rule of non traverse of pleadings will apply and the grounds mentioned in the Affidavit in support stand admitted. : 2 : 3. We, therefore, condone the delay in filing the appeal for the reasons stated in the Affidavit in support. 4. Notice of Motion, accordingly, stands disposed of. Sd/- Sd/- [SMT.NISHITA [SMT.NISHITA [SMT.NISHITA MHATRE, J.] MHATRE, J.] MHATRE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]