Itxa/200/2002 Of The Commissioner Of Income-Tax,Mumbai,City- I v. Matushree Textiles Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORIGINAL SIDEINCOME TAX APPEAL NO. 200 OF 2002The Commissioner of Income TaxMumbai City-IAppellantvs.M/s.Matushree Textiles Ltd.Respondent Ms.S.V. Bharucha i/b. Mr.H.D.Rathod for the appellant. P.C. CORAM: R. M. LODHA &J.P.DEVADHAR,JJDATED: 10th September 2004 Heard. 2. The Tribunal in the impugned order observed thus: " During the course of hearing of the appealbefore us the ld. counsel for the assesseepointed out that identical issue arose in thecase of the assessee for assessment year1987-88 and the I.T.A.T., Bombay Bench ‘A’, asper its order dated 25th August, 1992 inI.T.A. No.1754 (Bom) of 1991 held that therewas no contravention of the provision of sec.40A(3). It was further stated that theaforesaid order of the Tribunal was followedby the I.T.A.T., Bombay Bench ‘B’ and videtheir order dated 16th June, 1999 for theassessment year 1988-89, passed in theassessee’s case in I.T.A. No.9399(Bom) of1991 and the appeal of the revenue wasdismissed. It was further pointed out thatR.A. filed by the Revenue for assessment year1987-88 was rejected vide Tribunal’s orderdated 19th July, 1993 in R.A.No.80 of 1999." 3. The impugned order being based on the earlier orderfor the assessment year 1987-88 and the said orderhaving attained finality, no infirmity is found in theimpugned order.4. No substantial question of law arises in the appeal.5. Appeal is dismissed in limine.(R.M. LODHA,J.)(J.P. DEVADHAR,J.)