Itxa/4294/2010 Of The Commissioner Of Income Tax-4 Mumbai v. Babubhai Purshottamdas Stock Brokers P Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL (L) NO.818 OF 2009 The Commissioner of Income Tax ..Appellant. V/s. Babubhai Purshottamdas Stock Brokers P. Ltd...Respondent. Mr. Vimal Gupta for appellant. None forrespondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 20TH JULY, 2009. P.C. :- Heard learned counsel for the revenue. Perused the order of the Tribunal. The issue revolves around the setting aside the order by the Tribunal. A categorical finding is recorded by the Tribunal that the assessing officer had gone into all the issues and in that view of the matter, that ground is not available to the revenue. The Tribunal has also recorded a finding that the assessing officer had made proper inquiry during the course of the assessment proceedings and taken a possible view in regard to the issues raised by the CIT in the matter. Once a possible view has been taken, by the Tribunal, there is no question to interfere with the findings recorded by the Tribunal. No fault can be found in the impugned order. In that view of the matter, no substantial question of law arise in the appeal. The appeal is, therefore, dismissed in limini with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)