Itxa/1009/2013 Of The Commissioner Of Income Tax (Central) v. Moti Udharam Panjabi

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (LOD) NO.416 OF 2013 The Commissioner of Income Tax (Central), Mumbai ..Appellant. V/s. Moti Udharam Panjabi ..Respondent. Mr. Tejveer Singh for the appellant. Mr. Mihir Naniwadekar for the respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATED : 15TH MARCH, 2013 P.C. :- 1.In this appeal by the revenue for the assessment year 2002-03, following question of law is raised for our consideration;- “ Whether on the facts and in the circumstances of the case and in law, the Tribunal is justified in not giving its finding on the facts brought out in paras 4 to 10 of its order dated 31/10/2012 which clearly indicates that the capital gains shown by the assessee on sale of penny stocks is not genuine ?” itxal-416-13 2.On perusing the impugned order it is noted that the Tribunal has restored the issue to the assessing officer for fresh decision after considering the evidence placed before him. Hence we see no reason to entertain the proposed question of law. 3.costs. Accordingly, the appeal is dismissed with no order as to (M.S. SANKLECHA, J.) (J.P. DEVADHAR, J.)