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.1553 OF 2008 OF MOTION NO.1553 OF 2008 OF MOTION NO.1553 OF 2008 in in in INCOME INCOME INCOME TAX APPEAL (L) NO.1095 of 2008 TAX APPEAL (L) NO.1095 of 2008 TAX APPEAL (L) NO.1095 of 2008 The Commissioner of Income Tax City VII .. Appellant Vs. M/s Penwalt India Ltd ... Respondent Mr.A.D.Kango for Appellant None for Respondent CORAM CORAM CORAM : Dr.S.Radhakrishnan and : Dr.S.Radhakrishnan and : Dr.S.Radhakrishnan and A.V.Nirgude, A.V.Nirgude, A.V.Nirgude, JJ JJ JJ DATED DATED DATED : 11th June, 2008 : 11th June, 2008 : 11th June, 2008 P.C. 1. Heard the learned counsel for the parties. By this notice of motion, the appellant is seeking condonation of 350 days delay caused in filing the appeal. 2. Perused the affidavit in support of the Notice of motion. It appears that though the last date for filing the appeal was 25.4.07 and the Commissioner of Income Tax had granted approval on 25.4.07 the appeal came to be filed belatedly on 11.4.08. However,the time taken is almost a year for getting the memo of appeal drafted. We are not all satisfied with the reasons given for condonation of delay. No sufficient cause is made 2 out for condonation of delay. Hence, Notice of motion stands dismissed. {A.V.Nirgude, {A.V.Nirgude, {A.V.Nirgude, J) J) J) (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, J) J) J)