-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Income Tax Appeal No. 300 of 2001 The Commissioner of Income Tax ..Appellant vs. Shri Haresh K.Dalal ..Respondent Mr.N.A.Kazi i/b Mr.P.S.Sahadevan for appellant. Mr.lN.Thakkar with Mr.Rajesh Poojary i/b Mulla and Mulla for respondent. CORAM: Dr.S.RADHAKRISHNAN & CORAM: Dr.S.RADHAKRISHNAN & CORAM: Dr.S.RADHAKRISHNAN & S.J.KATHAWALLA JJ. S.J.KATHAWALLA JJ. S.J.KATHAWALLA JJ. 4th September,2008 4th September,2008 4th September,2008 P.C. P.C. P.C. 1. Heard the learned Counsel appearing for the appellant and the learned Counsel appearing for the respondent. 2. In the above appeal Mr.Sahadevan had appeared for the appellant at the time of admission on 12th February, 2008. The matter appeared for hearing on 21st July, 2008 and at the request of Mr.Sahadevan we adjourned it to 11th August, 2008. Again on the assurance given by Mr.Chatterjee that either Mr.Sahadevan or Mr.Pande will file the vakalatnama the matter was adjourned to 2nd September, 2008. Today, Mr.Sahadevan is appearing. His appearance is shown but he says that he does not have the brief at all and the appellant/revenue has not even -2- bothered to give him the brief. Under the above circumstances we are unable to proceed with the above appeal. The appellant/revenue has not bothered to forward the papers to the Advocate. In view of the above we are constrained to dismiss the above appeal. (S.J.KATHAWALLA J.) (Dr.S.RADHAKRISHNAN J.) (S.J.KATHAWALLA J.) (Dr.S.RADHAKRISHNAN J.) (S.J.KATHAWALLA J.) (Dr.S.RADHAKRISHNAN J.)