The Cit - Xxiii v. Nathpa Jhakri Joint Venture

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.166 OF 2006 INCOME TAX APPEAL NO.166 OF 2006 The CIT - XXIII .. Appellant Vs. Nathpa Jhakri Joint Venture .. Respondent Mr.Abhay Ahuja with Mr.P.S.Sahadevan for the Appellant. Mr.Sanjiv M.Shah for the Respondent. CORAM :- DR.S.RADHAKRISHNAN & V.C.DAGA, JJ. DATE : 2nd December, 2008 P.C. 1. Heard the learned Counsel for the parties. Perused the Tribunal’s order dated 25.11.2005. The Tribunal in it’s order in paragraph No.8 has clearly observed as under:- "......However, since facts of the case remains the same, i.e. the business of the assessee has commenced, we are inclined to respectfully follow decision of the Tribunal in assessee’s own case referred above and allow ground nos.1 & 2 by holding that interest income is rightly adjusted against WIP." 2. The learned Counsel for the Appellant concedes that for the two assessment orders i.e for the years 1996-97 & 1997-98 the Appeals filed by the Department have already been rejected by this Court in view of the fact that the Appellant had not bothered to remove the office objections, and even till date the Appellant has not taken any steps to get those Appeals restored to file. 3. We are not inclined to entertain this Appeal. Appeal stands dismissed. (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.)