Itxa/262/2009 Of The Commissioner Of Income Tax -18, Mumbai v. Bilgi

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.262 OF 2009 INCOME TAX APPEAL NO.262 OF 2009 The Commissioner of Income Tax ..Appellant. V/s. Niranjan V.Bilgi ..Respondent. Mr.P.S.Sahadevan i/b. K.R. Chaudhari for appellant. Mr.Jitendra Singh for respondent. CORAM : V.C.DAGA ANDJ.P.DEVADHAR, JJ. DATED : 21ST APRIL, 2009. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 21ST APRIL, 2009. P.C. :- P.C. :- 1. Heard learned counsel for the parties. Thus appeal seeks to raised following question of law:- "The substantial question of law arises in the present appeal is regarding the true scope and correct interpretation of section 263 and other provisions of the Income Tax Act, 1961 and whether on the facts and circumstances of the case and in law, the Tribunal is right in quashing and setting aside the order u/s.263 passed by the jurisdictional Commissioner of Income Tax?" 2. During the course of hearing, we were taken through the Judgment of the Tribunal more particularly - = : 2 : = - paragraph 5 thereof. After having seen the same and the finding recorded therein clearly demonstrate that the finding of fact is recorded by the Tribunal based on appreciation of evidence, which can hardly form substantial question of law. In the result, appeal is dismissed in limini with no order as to costs. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.)