Itxa/221/2018 Of Principal Commissioner Of Income Tax 32 Mumbai v. Hemanshu K Modi (

Digitallysigned byPURTIPURTIPRASAD IN THE HIGH COURT OF JUDICATURE AT BOMBAYPRASADPARABPARABDate:ORDINARY ORIGINAL CIVIL JURISDICTION2022.04.0517:53:40+0530 INCOME TAX APPEAL NO. 221 OF 2018 Principal Commissioner of Income Tax – 32, Mumbai V/s.Hemanshu K. Modi ….Appellant …Respondent ---- Mr. Arvind Pinto for Appellant. ---- CORAM : K.R. SHRIRAM &N. R. BORKAR, JJ. DATED : 30[th] MARCH, 2022 P.C. :1.Record and Proceedings does not indicate that copy of theappeal has been served on respondent. On 15[th] November, 2021 in IncomeTax Appeal No.1954 of 2017 we had passed an order directing theCommissioner of Income Tax (Judicial) of Mumbai and Pune to ensure thatevery appeal filed by them, which are pending admission, is served onrespondent within two weeks from that date and affidavit of service wasfiled and if not effected and affidavit of service was not filed,the appeal will stand dismissed without further reference to the court. Timewas extended in certain cases where appellant’s counsel sought extension. 2.Therefore, unless appellant is able to show within two weeksfrom today that they have complied with the directions given on 15[th]November, 2021 as noted above, the self operating order will become effective and appeal will stand dismissed. If the affidavit of service is filed in compliance with the directions given on 15[th] November, 2021 the appeal then be listed on 20[th] April, 2022. (N. R. BORKAR, J.) (K.R. SHRIRAM, J.)