D.b. Income Tax Appeal v. Cit, Jaipur

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHANBENCH AT JAIPUR D.B. Income Tax Appeal No.171/2004Anita Khandelwal v. CIT, Jaipur Date of Order : 6.5.2016 Hon'ble Mr. Justice M.N. BhandariHon'ble Mr. Justice J.K. Ranka Mr. Sanjay Jhanwar, counsel for appellant By the Court The present appeal was admitted by this Court and question of law was framed on 10.12.2004. The notice was directed to be issued and submitted by the appellant in the year 2004 itself. An order was thereupon recorded on 18.4.2006 showing non-filing of the notice in reference to the order of this Court dated 10.4.2006. The reports was made by the Registry regarding non-filling of Process Fee and notice so as to be served on the non-appellant. On 1.5.2008, a direction was given for submission of the Paperbook which was complied but in absence of submission of Process Fee and notice, non-appellant have not yet been served. The period intervening is now of 12 years. The learned counsel for appellant was asked as to whether the penalty has been satisfied or not. He has pleaded no instruction on it. We do not find any reason to keep this appeal pending now when the appellant has failed to take steps to submit PF and notice during the intervening period of 12 years to serve the Revenue. Accordingly, the appeal is dismissed for non-prosecution. (J.K. Ranka) J. (M.N. Bhandari) J. db2 [All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.] Deepankar Bhattacharya PS