Itxa/4635/2010 Of The Commissioner Of Income Tax -17 Mumbai v. V.h. Bhagat And Co
High Court
04 Feb 2010 In favour of: Assessee
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High Court · newos
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Itxa/4635/2010 Of The Commissioner Of Income Tax -17 Mumbai v. V.h. Bhagat And Co
Date of order
04 Feb 2010
Assessment year(s)
—
Outcome
Dismissed
Case summary
In Itxa/4635/2010 Of The Commissioner Of Income Tax -17 Mumbai v. V.h. Bhagat And Co, the High Court (2010) dismissed the appeal. The decision went in favour of the assessee.
Decision: The appeal is accordingly dismissed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
The order — as passed by the High Court
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.2965 OF 2009
The Commissioner of Income Tax
..Appellant.
V/s.
M/s. V.H. Bhagat & Co.
..Respondent.
Mr. Suresh Kumar for appellant.
None for respondent.
CORAM : DR. D.Y.CHANDRACHUD AND J.P.DEVADHAR, JJ.
DATED : 4TH FEBRUARY, 2010
P.C. :-
The ITAT by its order dated 13[th] July, 2009 dismissed the Miscellaneous Application under section 254 of the Income Tax Act, 1961. In the circumstances, the appeal would not lie against the order of the Tribunal dismissing the Miscellaneous Application. The revenue is entitled to pursue such remedy as available in law, both against the original order as well as against the order passed in the Miscellaneous Application. The present appeal is manifestly not a remedy available in law. The appeal is accordingly dismissed.
(J.P.DEVADHAR, J.) (DR. D.Y.CHANDRACHUD, J.)
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