Cat/29/2011 Of Commissioner Of Income Tax-Ii v. Smt. Satyabhamabai P Bajoria

Civil Application (T)No.29 of 2011. 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAYNAGPUR BENCH, NAGPUR Civil Application (T) No. 29 of 2011. In I.T.L. No. 73 of 2004 (d). Commissioner of Income Tax-II. ..Vrs.. Smt. Satyabhamabai Bajoria. ----------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court' Court''s or Judge's or directions and Registrar's orders. Orders. Coram, appearances, Court's orders Court' Court''s or Judge's CORAM : B. P. DHARMADHIKARI &A. B. CHAUDHARI, JJ. DATE : MARCH 15, 2012. A. B. CHAUDHARI, JJ. DATE This Appeal was also disposed of on 27[th]. September, 2010, after noticing the Judgment in the case of Commissioner ofIncome Tax ..Vrs.. Madhukar K. Inamdar(HUF), reported in (2009)318 ITR 149(Bom). Mr. Anand Parchure, the learned Advocate, contends that the order needs to be recalled as the issue is of recurring nature. Mr. K.P. Dewani, the learned Advocate, points out that the ITAT has accepted that mercantile system of Civil Application (T)No.29 of 2011. 2 accounting was in existence and interest on Rs. 86,414/-(rupees eighty six thousand four hundred and fourteen only) was not assessable in the year of receipt. He further contends that this cannot be a question of recurring nature and tax effect is also very small. We find that, this Court has correctly applied the Judgment in the case of Commissioner of Income Tax ..Vrs.. Madhukar K. Inamdar (HUF)(supra), and disposed of the Appeal. The issue is not of recurring nature and does not have cascading effect. Hence application is rejected. JUDGE JUDGE Deshmukh