-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Income Tax Appeal No.1574 of 2007 The Commissioner of Income Tax -25, C-11 ..Appellant vs. Shri Pravin D.Mehta ..Respondent Mr.N.A.Kazi for appellant. None 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. 12th August, 2008 12th August, 2008 12th August, 2008 P.C. P.C. P.C. 1. Heard Mr.Kazi, the learned Counsel appearing for the appellant. 2. The above appeal was lodged on 1st December, 2007 and was numbered on 26th December, 2007. Mr.Kazi states that he has no knowledge whether the respondent has been served or not. Mr.Kazi appeared on 29th July, 2008 and assured to file the vakalatnama and also to serve the respondent. Now, Mr.Kazi has filed the vakalatnama, however, Mr.Kazi very fairly states that the appellant/department has not even handed over the brief to the learned Counsel. In such circumstances, we are constrained to dismiss the above appeal. -2- 3. In the above appeal it is not that the appellant was not aware that the matter had come up for admission. In fact, on 15th July, 2008 Ms.Jayanti V.Nayak, Ward Inspector, ACIT, Range 25(3) was personally present for the appellant and on that day on her request we adjourned the appeal to 29th July, 2008 on which date Mr.Kazi appeared. (S.J.KATHAWALLA J.) (Dr.S.RADHAKRISHNAN J.) (S.J.KATHAWALLA J.) (Dr.S.RADHAKRISHNAN J.) (S.J.KATHAWALLA J.) (Dr.S.RADHAKRISHNAN J.)