AGK AGK AGK 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICITON NOTICE OF MOTION NO.2341 OF 2005 IN INCOME TAX APPEAL (L) NO.987 OF 2005 The Commissioner of Income Tax .. Applicant. Versus M/s.Kusum Ingots & Alloys Ltd. .. Respondent. Mr.B.M. Chatterjee with Mrs.P.P. Bhosale for the applicant. Mr.A.K. Jasani for the respondent. CORAM : F.I. REBELLO & J.P. DEVADHAR, JJ. DATED : 28th AUGUST, 2007. P.C. : 1. There is delay of 216 days. Though served, the respondent has not filed any reply to oppose the contents of affidavit in support of the notice of motion. 2. Even otherwise, we find that the cause shown would amount to sufficient cause. Hence, delay condoned. The notice of motion is made absolute in terms of prayer clause (a). 3. Office to register the appeal. AGK AGK AGK 2 (J.P. DEVADHAR, J.) (F.I. REBELLO, J.)