Itxa/668/2002 Of The Commissioner Of Income Tax,City-Ii, Bombay v. Devang Exports Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL NO.668 OF 2002The Commissioner of Income Tax...Appellant.Vs.M/s. Devang Exports Pvt. Ltd...Respondent.Mr.P.S.Sahadevan for the Appellant.Ms. Aasifa Khan for the Respondent.CORAM: F.I.REBELLO & R.S.MOHITE, JJ.DATED :16TH JANUARY,2008.PC :1. The revenue in the appeal memo, in the groundsraised has set out that they have preferred an appealagainst the order of the tribunal for the AssessmentYear 1988-89 and the same is pending.2. On 12.9.2005 this court granted two weeks time toproduce the copies of the previous orders passed by theauthorities under the Act for the assessment years1988.89 onwards. The revenue was put on notice that nofurther time will be granted. The matter came upthereafter on several occasions. Revenue has notcomplied with the order of this court. This court hadalso passed a further order on 14.11.2005. We also findthat in another order it is set out that the matter hasbeen argued and the decision is awaited. The learnedcounsel points out that the appeal is pending before theauthorities below and not before this court. be treated as speculation loss and the appellant should be allowed to carry forward the said loss as per law. one appeal for the two assessment years. That is not permissible by law. concurrent findings, the question of law as framed would not arise and consequently the appeal stands dismissed. (R.S. MOHITE, J.) ( F.I..REBELLO, J.)