In Itxa/85/2005 Of The Commissioner Of Income Tax City-13, Mumbai v. Jaysing V.mariwala, the High Court (2007) dismissed the appeal. The decision went in favour of the assessee.
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 JURISDICTIONINCOME TAX APPEAL NO.85 of 2005The Commissioner of Income Tax13 Mumbai.. AppellantvsJaysing V.Mariwala.. RespondentMr.A.S.Rao for AppellantMr.A.K.Jesani for RespondentCORAM : F.I.REBELLO ANDR.S.MOHITE, JJDATED : 4TH DECEMBER, 2007P.C.1. Question No. (B) as framed does not arise fromthe order of the tribunal. In so far as QuestionNo. (a) is concerned there are two concurrentfindings of facts in favour of the assessee. Noquestion of law as framed would arise. In view ofQuestion No.(A) Question No. (C) will not arise.Consequently, there is no merit in this appeal. Itis accordingly dismissed.(F.I.Rebello, J)(R.S.Mohite, J)
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