In Itxa/449/2010 Of The Commissioner Of Income Tax-Xvi, Mumbai v. M/S. Sukh Sagar Restaurant, Mumbai, the High Court (2009) dismissed the appeal. The decision went in favour of the assessee.
Decision: In the totality of the circumstances, the appeal is devoid of any substance and hence the same is dismissed in limini for want of substantial question of law with no order as to costs.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL (L) NO.1524 OF 2008
The Commissioner of Income Tax
..Appellant.
V/s.
M/s. Sukhsagar Restaurant..Respondent.
Mr.P.S.Sahadevan i/b. Anuradha Mane for appellant.None for respondent.
CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ.
DATED : 24TH JUNE, 2009.
P.C. :-
1.Heard learned counsel for the revenue. Office objections are overruled. Registry is directed to register the appeal.
2.The appeal is taken up for hearing at the
request of learned counsel for the revenue. We are taken through the question of law sought to be canvassed in the light of the judgment of the Tribunal. The issue revolves around the findings of fact recorded by the Tribunal based on the appreciation of the evidence. We see no fault in the impugned order.
3.Even otherwise, the tax effect is marginally higher than Rs.4 lakhs. In the totality of the circumstances, the appeal is devoid of any substance and hence the same is dismissed in limini for want of substantial question of law with no order as to costs.
(J.P.DEVADHAR, J.) (V.C.DAGA, J.)
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