:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2800 OF 2005 IN INCOME TAX APPEAL LODGING NO.1165 OF 2005 The Copmmissioner of Income Tax. ..Appellant. Vs. M/s. Flyking Investments & Finance Pvt. Ltd. Mr.P.S.Sahadevan for the Appellant. Mr.A.K.Jasani for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 6TH FEBRUARY,2008. PC : 1. This is a notice of motion for condonation of 199 days delay in preferring the main appeal. We have perused the affidavit in support. Taking into account the facts stated in the affidavit in support, we propose to accept the cause shown for condonation of delay subject to levy of costs. Notice of motion is therefore, allowed and the delay in filing the appeal stands condoned subject to payment of costs of Rs.2500/- which is to be paid directly to the respondent within a period of four weeks from today. Office to number the appeal and list the same for admission. 2. Though we have condoned the delay, the appellant is directed to remove the office objections, if any, within four weeks from today failing which appeal to stand dismissed for non prosecution without further reference to the court. (R.S. MOHITE, J.) (F.I. REBELLO, J.) :2: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL LODGING NO.1165 OF 2005 The Copmmissioner of Income Tax. ..Appellant. Vs. M/s. Flyking Investments & Finance Pvt. Ltd. Mr.P.S.Sahadevan for the Appellant. Mr.A.K.Jasani for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 6TH FEBRUARY,2008. PC : 1. This appeal is preferred against the order passed by ITAT dated 31.8.2004 in ITA No.88/Mum/2002. The order passed in the said appeal is not the subject matter of the challenge. Considering the judgment of this court in the case Chem Amit Vs. Assistant Commissioner of Income Tax reported in 272 ITR 397, the appeal as filed would not be maintainable and consequently appeal dismissed. (R.S. MOHITE, J.) (F.I. REBELLO, J.)