Case Of Chem Amit v. Asst. Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAXAPPEAL NO. 1104 OF 2008 INCOME TAX The Commissioner of Income Tax. ... Appellant. V/s. M/s.Shree Laxmi Enterprises. ... Respondent. D.K.Kamwat for the appellant. S.S.Shetty for the respondent. CORAM : DR.S.RADHAKRISHNAN and V.C.DAGA, JJ. CORAM : DR.S.RADHAKRISHNAN and V.C.DAGA, JJ. DATED : 6th October 2008. DATED : 6th October 2008. DATED : 6th October 2008. P.C. : P.C. :---- ---- . Heard learned counsel for the appellant and learned counsel for the respondent. 2. The present appeal has been preferred against the judgment of the Income Tax Appellate Tribunal arising out of miscellaneous application. 3. In view of the judgment of this Court in the case of Chem Amit v. Asst. Commissioner of Chem Amit v. Asst. Commissioner ofIncome-tax, (2005) 272 ITR 397 (Bom.), appeal does not Income-tax lie against the order passed in miscellaneous application. The present appeal is, therefore, not maintainable at all. Hence appeal is dismissed.