In Itxa/6229/2010 Of The Commissioner Of Income Tax-1 Mumbai v. The New India Assurance Co Ltd, the High Court (2009) dismissed the appeal. The decision went in favour of the assessee.
Decision: Hence both the appeals stand disposed of with the aforesaid liberty 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 ORGINAL CIVIL JURISDICTION
INCOME TAX APPEAL (L) NO.1041 OF OF 2009AND
INCOME TAX APPEAL (L) NO.1044 OF OF 2009
The Commissioner of Income Tax
..Appellant.
V/s.
The New India Assurance Co.Ltd.
..Respondent.
Suresh Kumar for the appellant.
A.K.Jasani for the respondent.
CORAM : V.C.DAGA & J.P.DEVADHAR, JJ.DATED : 20[th] July 2009.
P.C. :-
The learned counsel appearing on behalf of the appellant submits that before preferring the above appeals, permission from COD was not obtained. In this view of the matter, the above appeals stand dismissed with liberty to apply for recall of the order, if the appellant receives permission from COD. Hence both the appeals stand disposed of with the aforesaid liberty with no order as to costs.
(J.P.DEVADHAR, J.)
(V.C.DAGA, J.)
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