-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1962 OF 2008 IN INCOME TAX APPEAL (LODGING) NO. 1467 OF 2008 The Commissioner of Income Tax-8 ).. Appellant Versus M/s Boutique Fashions Pvt Ltd ).. Respondent Mr Suresh Kumar i/b Mr S M Shah for the Appellant. Mr A K Jasani for the Respondent. CORAM: SWATANTER KUMAR, C. J. & A.P. DESHPANDE, J. DATE: 28TH JULY 2008. P.C. There is a delay of 488 days in filing the present Appeal. No proper reason has been given in the affidavit in support of the Motion. The dates stated in paragraph 4 of the affidavit do not adequately explain why the delay occurred and in fact there is no explanation what steps were taken from 4th August 2008 to 14th May 2008 causing a delay of more than one and half years. Keeping in view the judgment of the Division Bench of this Court in The State of Maharashtra vs Vithu -2- Kalya Govari and others, Civil Application No.3200 of 2007 dated 26th June 2007, we see no reason to condone the delay. Notice of Motion is accordingly dismissed. 3. As a result of the dismissal of Notice of Motion for condonation of delay, the present Appeal (Lodging) No. 1467 of 2008 does not survive. We may also notice that the revenue involved as a result of the impugned order is Rs.1,65,236/- which in terms of the CBDT Instruction No.2/2005 dated 24th October 2005, the Department can hardly justify the filing of the present Appeal. 4. Appeal (Lodging) No. 1467 of 2008 dismissed. No order as to costs. CHIEF JUSTICE A P DESHPANDE, J.