1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. INCOME TAX APPEAL NO.2329 OF 2009 The Commissioner of Income Tax, Central III....Appellant. Vs. M/s.Excel Industries Ltd. ...Respondent. .... Mr.B.M.Chatterji with Smt.Padma Divakar for the Appellant. Ms.Vasanti B. Patel for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD AND J.P.DEVADHAR, JJ. January 12, 2010. P.C. : During the course of the hearing of the appeal, the attention of the Court has been drawn to an order dated 1 st October 2009, passed by a Division Bench of this Court, pertaining to the same party, for an earlier Assessment Year (Commissioner of Income Tax vs. Excel Industries Ltd, Income Tax Appeal 1959 of 2009), This Court recorded the statement of Counsel appearing on behalf of the Revenue that the orders for the Assessment Years relied upon by the Tribunal were challenged before this Court in appeal. The appeal was dismissed in default and no steps were taken to 2 restore the same. In the circumstances, accepting the statement of the Revenue, Income Tax Appeal 1959 of 2009 was dismissed. The position in the present case is the same as in Income Tax Appeal 1959 of 2009. In the circumstances, the appeal would have to be dismissed and is accordingly dismissed. ( Dr.D.Y.Chandrachud, J.) ( J.P.Devadhar, J.)