:1: bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME INCOME INCOME TAX APPEAL NO.535 OF 2001 TAX APPEAL NO.535 OF 2001 TAX APPEAL NO.535 OF 2001 The Commissioner of Income Tax, ..Appellant Vs. M/s.S.Kumar Research & Development ..Respondent Mrs.Devki Iyer i/b. Mr.Vimal Gupta for the Appellant. Ms.Aasifa Khan for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & S.J.KATHAWALLA, S.J.KATHAWALLA, S.J.KATHAWALLA, JJ. JJ. JJ. DATE DATE DATE : 9TH SEPTEMBER, 2008 : 9TH SEPTEMBER, 2008 : 9TH SEPTEMBER, 2008 P.C. P.C. P.C. . Heard the learned Counsel for the parties. The above Appeal was admitted on 2nd August,2004. At the time of admission, the Appellant-Revenue had not served the Respondent. The matter had came up for final hearing on 21st July,2008 on which date, Mr.P.S.Sahadevan sought an adjournment to file Vakalatnama and also to serve the Respondent. Again, the matter came up for hearing on 13th August,2008 when Mr.Vimal Gupta appeared and sought time to serve the Respondent. Accordingly, as a last chance, we had granted time to serve the Respondent and the matter was adjourned today, i.e. almost four weeks’ time was granted to serve the Respondent. 2. Today, it appears that the Respondent has been served only with a copy of the Vakalatnama by the :2: Appellant-Revenue, however, the Appeal has not been served at all. Under these circumstances, we constrained to dismiss the above Appeal. Hence, the Appeal stands dismissed for want of service. (S.J.KATHAWALLA,J.) (S.J.KATHAWALLA,J.) (S.J.KATHAWALLA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)