Akash Tatva Investments Pvt. Ltd v. The Asstt. Commissioner Of Income Tax Circle I- Pune

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.670 OF 2003 Akash Tatva Investments Pvt. Ltd...AppellantVersusThe Asstt. Commissioner of Income TaxCircle I- Pune..Respondent Mr. Ruturaj Gurjar i/b. S.N.Inamdar for appellant. CORAM:M.S.SANKLECHA &SANDEEP K. SHINDE, JJ. DATE :13[th] June 2018. P.C. 1]This appeal under section 260 A of the Income Tax Act, 1961 was admitted on 3[rd] November 2004 on the following substantial question of law:- “(a)Whether on the facts and in the circumstances of the case, the appellate Tribunal is right in law in holding that interest paid on borrowing made to require one lot of investments, must be deducted from another lot of investments entirely made out of own source in computing deduction under section 80M?” 2]Mr. Gurjar, learned Counsel appearing in support of the appeal states that in spite of best efforts on his part, he is unable to get any instructions from the appellant assessee. 3]In the above view, it appears that the appellant – assessee is not interested in prosecuting this appeal. Accordingly the appeal is dismissed for non prosecution. (SANDEEP K. SHINDE, J) (M.S.SANKLECHA, J.)