-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Income Tax Appeal No. 831 of 2008 The Commissioner of Income Tax-5 ..Appellant vs. M/s Cadbury India Ltd. ..Respondent Mr.R.Asokan for appellant. Mr.Harinder Toor i/b Crawford Bayley and Co. 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. 22nd September,2008 22nd September,2008 22nd 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. Mr.Asokan had appeared in the above appeal for the appellant on 20th August, 2008 and sought time to serve the respondent. Accordingly, we adjourned the appeal to 4th September, 2008. Again on 4th September, 2008, Mr.Asokan appeared and sought time to serve the respondent. As the learned Counsel appearing on behalf of the respondent pointed out that till that date the respondent even was not served. In view thereof, we adjourned the above appeal till today in order to enable the learned Counsel for the appellant to serve the respondent. -2- 2. Today, Mr.Asokan candidly admits that till date the appellant/revenue has not furnished him the copy of appeal memo. It is apparent that the appellant has taken absolutely no steps to serve the respondent till today. In view of the abone callous attitude of the appellant, we are constrained to dismiss the 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.)