Itxa/1748/2017 Of The Principal Commissioner Of Income Tax-16 v. Fauziya Hospital (

Digitallysigned byMEERAMEERAMAHESHMAHESHJADHAVJADHAVDate:2021.11.1613:10:48+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL NO. 1748 OF 2017 PR. Commissioner of Income Tax-16 ….Appellant V/s.Fauziya Hospital (Prop. Dr. MohammadUsman Shaikh)…Respondent ---- Mr. P. C. Chhotaray for AppellantMr. K. Gopal a/w Mr. Om Kandalkar i/b Mr. Satendra Pandey forRespondent ---- CORAM : K.R. SHRIRAM &AMIT B. BORKAR, JJ DATED : 15[th] NOVEMBER 2021 P.C. : 1There is a self operating order dated 22[nd] October 2021 which reads as under: “Mr. Kandalkar for respondent states that they have not even beenserved with a copy of the appeal. Mr.Chhotaray for appellant does notdispute that the appeal is filed in 2017. We are surprised thatappellant for four years has chosen not even to get copy of appealserved. Copy of appeal be served upon respondent on or before30/10/2021. Stand over to 15/11/2021. 2. If the appeal is not served by 30/10/2021 and affidavit of service isnot filed, appeal would stand dismissed without further reference tothe court.” 2There is no affidavit of service filed. Therefore, appeal does not survive and stands dismissed. (AMIT B. BORKAR, J) (K.R. SHRIRAM, J.)