In Itxa/649/2010 Of The Commissioner Of Income Tax -16, Mumbai v. Shri Shashikant P Mody, the High Court (2009) dismissed the appeal. The decision went in favour of the assessee.
Decision: In this view of the matter, appeal stands 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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL (L) NO. 1456 OF 2008
CORAM :- V.C.DAGA &J.P.DEVADHAR,JJ. 23[th] June,2009
DATE :
P.C.
The Tribunal has clearly recorded a finding that undisputedly no credit was introduced in the impugned assessment year, it was only a opening credit balance which were considered to be non-genuine. The question arising out of the impugned order revolves around appreciation of evidence and after appreciating the evidence the Tribunal has recorded a clear finding of fact with which no fault can be found. In this view of the matter, appeal stands 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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