1 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.4495 OF 2007 OF MOTION NO.4495 OF 2007 OF MOTION NO.4495 OF 2007 IN IN IN INCOME INCOME INCOME TAX APPEAL (LODG) NO.2247 OF 2007 TAX APPEAL (LODG) NO.2247 OF 2007 TAX APPEAL (LODG) NO.2247 OF 2007 The Commissioner of Income Tax ... Appellant Vs. M/s Eagle Films ... Respondent Mr. A.D. Kango with Mr. P.S. Sahadevan for Appellant. None for Respondent. CORAM CORAM CORAM : DR.S. RADHAKRISHNAN & : DR.S. RADHAKRISHNAN & : DR.S. RADHAKRISHNAN & J.P. J.P. J.P. DEVADHAR, JJ. DEVADHAR, JJ. DEVADHAR, JJ. DATE DATE DATE : 9TH APRIL, 2008 : 9TH APRIL, 2008 : 9TH APRIL, 2008 P.C. P.C. P.C. :- :- :- 1) Heard learned counsel for the appellant and the learned counsel for the repondent. The Motion is filed for condonation of 990 days delay in filing the above appeal. Perused the affidavit filed in support of the Notice of Motion. The impugned order is dated 20-07-2004. The Chief Commissioner of Income Tax granted approval on 31/12/2004 for filing the appeal. However, the appeal was filed on 27-09-2007 i.e. after lapse 2 of 2 years 9 months. The reasons given for the delay in filing the appeal is due to processing of matter, appointment of panel counsel and non availability of stamp papers The reasons given are totally unsatisfactory. No case is made out for condoning the delay. Notice of Motion is dismissed with no order as to costs. 2) Notice of Motion is disposed of accordingly with no order as to costs. ( DR.S. RADHAKRISHNAN, J.) DR.S. RADHAKRISHNAN, J.) DR.S. RADHAKRISHNAN, J.) ( J.P. DEVADHAR, J.) J.P. DEVADHAR, J.) J.P. DEVADHAR, J.)