In Commissioner Of Income Tax v. Hsbc Securities & Capital Markets (I) Pvt.ltd, the High Court (2009) dismissed the appeal. The decision went in favour of the assessee.
Decision: Under these circumstances, the appeal stands dismissed in limine with no order as to costs.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.1442 OF 2009
Commissioner of Income Tax
Vs.
HSBC Securities & Capital Markets (I) Pvt.Ltd.
..Appellant
..Respondent
Mr.Vimal Gupta for appellant.
Mr.J.D.Mistry a/w.Rajesh Shah i/b. Rajesh Shah & Co. for respondent.
P.C.
1.Heard.
Perused appeal.
CORAM :- V.C.DAGA &J.P.DEVADHAR,JJ. 10[th] NOVEMBER,2009
DATE :
2.The Tribunal has relied on the order passed in the case of the assessee itself for the A.Y.1997-98, wherein the same issue was involved. The said order has been accepted by the Revenue. No case is made out to take contrary view. Apart from this, no factual aspect is brought on record as to why the appeal has not been preferred against the order passed for the A.Y.1997-98. Photocopy of the earlier order pertaining to A.Y.1997-98 passed by the Tribunal is tendered on record. Under these circumstances, the appeal stands dismissed in limine with no order as to costs.
(J.P.DEVADHAR,J.)
(V.C.DAGA,J.)
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