In M/S.jaybharat Cooperative Housing Society Ltd v. Income Tax Appellate Tribunal, Mumbai & Others, the High Court (2010) dismissed the appeal. The decision went in favour of the Revenue.
Decision: The petition is accordingly dismissed.
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
WRIT PETITION NO.840 OF 2010
M/s.Jaybharat Cooperative Housing Society Ltd.,Versus
Income Tax Appellate Tribunal, Mumbai & Others
..Petitioner.
..Respondents.
Mr.S.J. Mehta for the petitioner.None for the respondents.
CORAM : Dr.D.Y. Chandrachud & J.P. Devadhar, JJ.
DATE : 29April 2010.
P.C. :
1.The learned counsel appearing on behalf of the petitioner states that against the order passed by the Income Tax Appellate Tribunal in I.T.A. No.4692/Mum/2007 for assessment year 2004-2005, the petitioner has filed a substantive appeal. The Court is informed that the substantive appeal relates to the same issue which forms the subject matter of the Miscellaneous Application before the Tribunal. In these circumstances, we do not consider it appropriate to exercise the writ jurisdiction under Article 226 in these proceedings, but keep open all the contentions of the petitioner to be urged in the appeal. The petition is accordingly dismissed. There shall be no order as to costs.
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