In Itxa/6357/2010 Of The Commissioner Of Income Tax-10 Mumbai v. Chemtex Engg. Of India Ltd, the High Court (2009) decided the matter.
Decision: Appeal is, therefore, dismissed in limine 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 JURISDICTION
INCOME TAX APPEAL (LDG.) NO. 1000 OF 2009
The Commissioner of Income-tax-,
... Appellant.
M/s.Chemtex Engg. Of India Ltd.... Respondent.
Suresh Kumar for the appellant.
None for the respondent.
Heard. Office objections are over-ruled. Appeal is taken up for hearing at the request of the appellant.
2.The Tribunal has already set aside order dated 14[th ]February, 2005 passed by C.I.T.(A) under section 263 of the Income Tax Act. The Tribunal has observed that since the order of the C.I.T.(A) passed under section 263 itself has been canceled by the Tribunal, the order passed by the assessing officer to give effect to the order of the C.I.T.(A) has become void ab initio. In this view of the matter, we see no substantial question of law involved in this appeal. Appeal is, therefore, dismissed in limine with no order as to costs.
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