Commissioner Of Income Tax (Ltu v. M/S. Lupin Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J. INCOME TAX APPEAL NO. 230 OF 2017 Commissioner of Income Tax (LTU)..Appellant Versus M/s. Lupin Limited ..Respondent ................... Mr. Suresh Kumar for the Appellant Mr. Suresh Kumar for the Appellant Mr. Nishant Thakkar a/w Mr. Hiten Chande i/by PDS Legal for theRespondentMr. Nishant Thakkar a/w Mr. Hiten Chande i/by PDS Legal for theRespondent ................... CORAM : AKIL KURESHI & SARANG V. KOTWAL, JJ. DATE : APRIL 2, 2019. P.C.: 1.This appeal is filed by the Revenue to challenge thejudgment of the Income Tax Appellate Tribunal (“theTribunal” for short) dated 17.2.2016. 2.At the outset, the learned counsel for the respondentassessee brought to our notice an order dated 16.4.2018passed by the Tribunal in Misc. Application filed by theassessee. The Tribunal allowed the Misc. Application andrecalled its original judgment. Learned counsel furtherpointed out that the Tribunal thereafter, passed fresh order dated 13.6.2018 again dismissing the appeal of the Revenue.Learned counsel stated that the Revenue has already filedappeal against the fresh order of the Tribunal. 3.The orders dated 16.4.2018 and 13.6.2018 passed bythe Tribunal are taken on record and marked “X and X1”respectively for identification. 4. In view of the fact that the judgment of the Tribunalimpugned in this appeal no longer survives, this appeal isdisposed of having become infructuous. [ SARANG V. KOTWAL, J. ] [ AKIL KURESHI, J ]