IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1244 OF 2009 NOTICE OF MOTION NO.1244 OF 2009 NOTICE OF MOTION NO.1244 OF 2009 IN IN IN INCOME TAX APPEAL (LOD) NO.4080 OF 2009 INCOME TAX APPEAL (LOD) NO.4080 OF 2009 INCOME TAX APPEAL (LOD) NO.4080 OF 2009 The Commissioner of Income Tax ..Appellant. V/s. Shri Gaurav Gupta ..Respondent. Ms.Anamika Malhotra for appellant. None for respondent. CORAM : V.C.DAGA AND CORAM : V.C.DAGA AND CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 21ST APRIL, 2009. DATED : 21ST APRIL, 2009. DATED : 21ST APRIL, 2009. P.C. :- P.C. :- P.C. :- 1. Heard learned counsel for the appellant. Learned counsel for the appellant states that the Notice of Motion has already been served upon the respondent. Learned counsel undertakes to file affidavit of service within one week from today. 2. In spite of service, nobody is present on behalf of the respondent. Hence for the reasons stated in the affidavit in support of Notice of Motion, the Motion is made absolute in terms of prayer clause (a). Appeal be numbered. 3. Notice of Motion is disposed of accordingly with no order as to costs. (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)