:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUR TAX APPEAL NO.451 OF 2001 The Commissioner of Income Tax. ..Appellant. Vs. The State Bank of India. ..Respondent. Mr.P.S.Sahadevan for the Appellant. Ms. R.M.Sidhwa for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 8TH JANUARY,2008. PC : 1. Appeal was dismissed for non prosecution by the Tribunal as prior approval from the COD has not been obtained. 2. This appeal was preferred in the year 2001. There is nothing in the appeal memo indicating that permission was taken for preferring the appeal nor his counsel after 7-years not in a position to state whether such permission has been granted. In the light of that, appeal dismissed as permission has not been obtained. Liberty to revenue to prefer the appropriate appeal if in the event permission is obtained. (R.S. MOHITE, J.) (F.I. REBELLO, J.)