Commissioner Of Income Tax, Hyderabad v. Fine Plant Plymers Ltd., Hyd

THE HON’BLE SRI JUSTICE GODA RAGHURAMAND THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO ITTA No.152 of 2004 Commissioner of Income Tax, Hyderabad. v. Fine Plant Plymers Ltd., Hyd. THE HON’BLE SRI JUSTICE GODA RAGHURAMAND THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO ITTA MP No.52 of 2011and ITTA No.152 of 2004 Order : ( Per Sri GR, J ) On 18-3-2010, this Court directed the petitioner who isappellant in this appeal, to serve notice on the respondent-assessee by taking out personal notice; further directed tofile proof of service within 8 weeks and posted the matter on8.6.2010 for compliance. In the present application ITTAMP NO.52 of 2011, filedin the year 2010 and numbered in the year 2011, thepetitioner seeks extension of time by a further period of twomonths to effect service of notice on the respondent. Eventwo years after this application was presented, proof ofservice on the respondent has not been filed. The appeal is directed against the order of the IncomeTax Appellate Tribunal, Hyderabad Bench, Hyderabad dated30-6-2003. In view of the consistent failure of the petitioner-appellant in filing proof of service on the respondent-assessee in the appeal, we are inclined to dismissed thisapplication seeking extension of time for filing proof ofservice. Consequently, the substantive appeal also stands dismissed. No costs. ____________________ GODA RAGHURAM, J ________________________ M.S. RAMACHANDRA RAO, J Date: 11-9-2012Kk THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO ITTA No.152 of 2004 Dated 11/9/2012