:1: bgp bgp bgp 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 INCOME INCOME INCOME TAX APPEAL NO.1560 OF 2007 TAX APPEAL NO.1560 OF 2007 TAX APPEAL NO.1560 OF 2007 The Commissioner of Income Tax, ..Appellant Vs. Biresh Shah ..Respondent Mr.P.S.Sahadevan for the Appellant. None for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & S.J.KATHAWALLA, S.J.KATHAWALLA, S.J.KATHAWALLA, JJ. JJ. JJ. DATE DATE DATE : 5TH AUGUST, 2008 : 5TH AUGUST, 2008 : 5TH AUGUST, 2008 P.C. P.C. P.C. 1. Mr.Sahadevan states that the Revenue has not even bothered to brief him even though he has filed Vakalatnama in the above matter. 2. On 15th July,2007 when the above matter was on board, it was adjourned to 22nd July,2007 to enable the Appellant to serve the Respondent. However, as it was not complied with, on 22nd July,2008 again the matter was adjourned to 5th August,2008 i.e. today. Even today also Mr.Sahadevan fairly states that the Appellant has not taken any steps to serve the Respondent. Under these circumstances, we are constrained to dismiss the above Appeal. Hence, the same stands dismissed. (S.J.KATHAWALLA,J.) (S.J.KATHAWALLA,J.) (S.J.KATHAWALLA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) :2: