Itxa/2096/2009 Of The Commissioner Of Income Tax-7, Mumbai v. M/S. P.p.containers Ltd., Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 2096 OF 2009 The Commissioner of Income-tax. ... Appellant. V/s. M/s.P.P.Containers Ltd. ... Respondent. Suresh Kumar i/b. Anamika Malhotra for the appellant. F.V.Irani with A.K.Jasani for the respondent. P.C. : Heard learned counsel for the appellant and learned counsel for the respondent. Perused appeal. 2.The first question relates to the condonation of delay in filing appeal before the Tribunal at the instance of the assessee. The Tribunal has exercised its discretion and condoned delay with which no fault can be found. 3.So far as question No.2 is concerned, it revolves around finding of fact based on appreciation of evidence. No fault can be found with the view taken by the Tribunal. 4.Question No.3 revolves around retraction of statement made by the assessee regarding disclosure of administrative expenses. Learned counsel for the appellant- revenue categorically stated that there is no independent evidence to support the plea of the Revenue that the expenses were inflated. 5.In the above view of the matter, we see no substantial question of law involved in this appeal. Appeal is dismissed in limine with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA J.)