bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L)NO.2201 OF 2008 The Commissioner of Income Tax ..Appellant Vs. M/s.Metropolitan Trading Co. ..Respondent None for the appellant. Mrs.V.B.Patel for respondent. CORAM :- V.C.DAGA & J.P.DEVADHAR,JJ. DATE : 1ST JULY, 2009 P.C. Appeal is dismissed for want of prosecution. In the event, Revenue decides to move for restoration, it would be obligatory on the part of the Revenue to first inform this Court as to whether or not, the earlier order of the Tribunal for the A.Y.1998-99 has been accepted, since the Tribunal has relied on its own order passed in the assessee’s case for the A.Y.1998-99 in ITA No. 6213 of 2003 dated 10th October, 2006. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)