Itxa/526/2009 Of The Commissioner Of Income Tax -2, Mumbai v. M/S Ceres Co.p. Ltd., Mumbai

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.526 OF 2009 INCOME TAX APPEAL NO.526 OF 2009 Commissioner of Income Tax ..Appellant. V/s. M/s.Ceres Co. Pvt. Ltd. ..Respondent. Mr.Vimal Gupta for appellant. None for respondent. CORAM : V.C.DAGA ANDJ.P.DEVADHAR, JJ. DATED : 24TH APRIL, 2009. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 24TH APRIL, 2009. P.C. :- P.C. :- P.C. :- 1. Heard learned counsel for the revenue. The appeal seeks to raise the following question of law:- " Whether on the facts and in the circumstances of the case, the ITAT was right in law in upholding the decision of the CIT(A) in directing to treat the loss on share trading as business loss; disregarding the provisions of Explanation to sec. 73 of the I.T. Act ? " 2. Having gone through the findings recorded by the Tribunal, it is seen that it is finding of fact recorded by the Tribunal. Since the interest on dividend involved in this case is negligible, we see no substantial question of law arise in this appeal. Appeal is thus dismissed in limini with no order as to costs.