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Calcutta High Court

C. I. T. Kolkata - I vs Peerless General Finance & Investment ... on 17 April, 2015

Author: Girish Chandra Gupta

Bench: Girish Chandra Gupta

ORDER SHEET


                            ITA NO.609 OF 2004

                 IN THE HIGH COURT AT CALCUTTA

                    Special Jurisdiction(Income Tax)

                              ORIGINAL SIDE




                                                             C. I. T. KOLKATA - I

                                                                             Versus

                    PEERLESS GENERAL FINANCE & INVESTMENT CO.


 BEFORE:

 The Hon'ble JUSTICE GIRISH CHANDRA GUPTA

 The Hon'ble JUSTICE ARINDAM SINHA

 Date : 17th April, 2015.



                             MR.S.BAGCHI, MR.GOPAL RAM SHARMA,ADVOCATES FOR RESPONDENT

The Court : The appeal was presented on 26th August, 2004. No steps were thereafter taken. The appeal has not yet been 2 admitted. On 13th June, 2014 the appeal was in the list and was directed to be listed on 7th July, 2014 under the heading "For Dismissal".

Mr.R.K.Chowdhury, learned advocate appeared for the appellant on that day. Thereafter the matter was listed on 18th September, 2014. Mr.Chowdhury again appeared for the appellant and he was directed to serve a copy of the memo of appeal and the stay petition and to file an affidavit of service.

On 13th November, 2014 when the matter was in the list, Mr.Basu appeared for the respondent-assessee. The matter was directed to be listed on 24th November, 2014. The matter thereafter appeared on 29th January, 2015 when the learned advocate for the assessee-respondent was present but no one appeared on behalf of the appellant. This court directed the learned advocate for the respondent to give a notice to the learned senior Central Government advocate. Such notice was duly given. On 17th February, 2015, learned advocate for the appellant appeared but prayed for adjournment. Such prayer was allowed. Thereafter the matter appeared in the list on the adjourned date on 24th March, 2015 when no one appeared for the appellant. Further notice was directed by the court to be given to the learned senior Central Government advocate. Such notice was given on 25th March, 2015. 3 Thereafter the matter has appeared in the list but no one responded when the appeal was called on for hearing on behalf of the appellant.

Mr.Bagchi, assisted by Mr.Sharma is present for the respondent. This court is satisfied that the appellant is not interested to pursue the appeal, which is, accordingly, dismissed.

Let photocopies of the notice dated 30th January, 2015 and 25th March, 2015 be kept with the record.

(GIRISH CHANDRA GUPTA, J.) (ARINDAM SINHA, J.) sb.