IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1959 OF 2009 The Commissioner of Income-tax. ... Appellant. V/s. M/s.Excel Industries Ltd. ... Respondent. P.S.Sahadevan for the appellant. Ms.Vasanti B. Patel for the respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 1st October 2009. P.C. : Heard learned counsel for the appellant and learned counsel for the respondent. Perused appeal. 2. Learned counsel for the appellant- revenue fairly states that the orders for the assessment years relied by the Tribunal were challenged before this Court in appeal and the said appeal was dismissed in default. No steps were taken to restore the same. He submits that in view of this, the present appeal is also liable to be dismissed. Accepting the submission of the appellant, this appeal is dismissed with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA J.)