Itxa/792/2008 Of The Commissioner Of Income Tax -12 v. Omprakash Bagadia

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX The Commissioner of Income Tax-12. ... Appellant. V/s. Omprakash Bagadia. ... Respondent. R.A.Vaishyampayan for the appellant. Sameer Dalal for the respondent. CORAM : DR.S.RADHAKRISHNAN and V.C.DAGA, JJ. CORAM : DR.S.RADHAKRISHNAN and V.C.DAGA, JJ. DATED : 13th October 2008. DATED : 13th October 2008. DATED : 13th October 2008. P.C. :---- P.C. : ---- . Heard learned counsel for the appellant and learned counsel for the respondent. 2. By the above appeal, the appellant is seeking to raise the following question of law: "Whether in the facts and circumstances and in law, the Tribunal is right in allowing the appeal of the respondent thereby allowing the short term loss claimed by the respondent? 3. We have perused the impugned order of the Income Tax Appellate Tribunal dated 29th April, 2005 and, especially, paragraph- 4 thereof. It is a mere finding of fact. No substantial question of law is involved in the appeal. Appeal is, therefore, dismissed.