C. I. T. Kolkata - II v. Om Development Ltd. (Alom Exrusions Ltd)
[Citation -2015-LL-0402-11]

Citation 2015-LL-0402-11
Appellant Name C. I. T. Kolkata - II
Respondent Name Om Development Ltd. (Alom Exrusions Ltd)
Court HIGH COURT OF CALCUTTA
Relevant Act Income-tax
Date of Order 02/04/2015
Judgment View Judgment
Bot Summary: The Court : The appeal was presented in the year 2004. Thereafter, no steps were taken until 24th January, 2012 when the appeal was admitted. Thereafter, no steps were taken to serve the notice of appeal. On 15th May, 2014, opportunity was granted to serve but no steps were taken. On 29th January, 2015 again an opportunity was given. Subsequently he tells us that he clarified to Mr. Sinha that he had appeared by mistake. We have no option but to dismiss the appeal.


ORDER SHEET IN HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax] ORIGINAL SIDE ITA 738 of 2004 C. I. T. KOLKATA - II Versus OM DEVELOPMENT LTD. (ALOM EXRUSIONS LTD.) BEFORE: Hon'ble JUSTICE GIRISH CHANDRA GUPTA Hon'ble JUSTICE ARINDAM SINHA Date : 2nd April, 2015. Mr. R. Sinha, Adv. Mr. Debasish Mitra, Adv. Court : appeal was presented in year 2004. Thereafter, no steps were taken until 24th January, 2012 when appeal was admitted. Thereafter, no steps were taken to serve notice of appeal. On 15th May, 2014, opportunity was granted to serve but no steps were taken. On 29th January, 2015 again opportunity was given. Still no steps were taken. On 26th February, 2015 matter was in list when Mr. Debasish Mitra responded on behalf of assessee/respondent. But, subsequently he tells us that he clarified to Mr. Sinha that he had appeared by mistake. He has no instructions in matter. But appellant did not do his bit. notice of appeal was never served. Therefore, we have no option but to dismiss appeal. We have in this regard delivered judgment on 1st April, 2015 in ITA 156 of 2006 [ M/s. SICPA India Ltd. vs. CIT, WB-III, Kolkata ], wherein reasons have fully been discussed why in such case appeal has to be dismissed. (GIRISH CHANDRA GUPTA, J.) (ARINDAM SINHA, J.) sm C. I. T. Kolkata - II v. Om Development Ltd. (Alom Exrusions Ltd)
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