OD – 16 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE ITA/28/2005 RUPA & CO. LTD VS. COMMISSIONER OF INCOME TAX (CENTRAL) I, KOLKATA BEFORE : THE HON’BLE JUSTICE T.S. SIVAGNANAM A N D THE HON’BLE JUSTICE HIRANMAY BHATTACHARYYA Date : February 22, 2022. [Via Video Conference] Appearance : Mr. J.P. Khaitan, Sr. Adv. … for the appellant The Court : We have heard Mr. J.P. Khaitan, learned senior counsel on behalf of Mr. Nilay Sengupta, learned counsel on record for the appellant. The counsel on record is not appearing either in person or through video conference. The learned senior counsel submits that the appeal has already been disposed of by judgment dated 19th May, 2011 of Hon’ble Division Bench comprising of Bhaskar Bhattacharya and Sambuddha Chakrabarti, JJ (as their Lordships then were). We find that the same submission was made before this Court when the appeal was listed on 25.09.2019. There was a direction issued by the Division Bench that the appeal should be deleted from the list and the 2 record should be corrected accordingly. However, the department has ignored the direction passed by the Court on 25.09.2019. As a last chance, we direct the Registrar, O.S. and the Registrar, I.T. to ensure that this appeal should not be shown as pending in the docket of this Court. This order should be scrupulously complied with and similar order passed in other matters shall also be complied without default. (T. S. SIVAGNANAM, J.) (HIRANMAY BHATTACHARYYA, J.) RS/GH