Itxa/1393/2008 Of The Commissioner Of Income Tax-3, Mumbai v. M/S.r.t.exports Ltd., Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1393 OF 2008 The Commissioner of Income Tax-3,Mumbai-20 Mumbai-20..AppellantV/s.M/s. R.T. Exports Ltd., Mumbai..Respondent Mr. Vimal Gupta for AppellantNone for Respondent 1.Both the Commisioner (Appeals) and ITAT haverecorded a finding that on the facts the order shouldnot have been rectified as it was a debatable issue andalso as different remedy was available to revenue. 2.Considering the findings recorded by the Dy.Commissioner of Income Tax and also by ITAT, thejudgmenet of the Supreme Court in Commissioner ofIncome Tax V/s. Hero Cycles Ltd., (1997) 228 ITR 3463,there is no reason to defer from the view taken.Consequently the question of law does not arises. TheAppeal disposed of accordingly.