The Commission Of I.t v. M/S. Indexco International

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION. INCOME TAX APPEAL (L) No.367/2003.WITHNOTICE OF MOTION No.1313/2003. The Commission of I.T. ..Appellant. Vs. M/s. Indexco International. ..Respondent.Mr Ashok Kotangale with P.S. Sahadevan for theAppellant. Ms V. B. Patel for the Respondent. CORAM:DR.S. RADHAKRISHNANAND V.C. DAGA,JJ.DATED:17TH APRIL, 2007. P.C.:- 1.Heard the learned counsel for theparties. In the present matter, the followingsubstantial question of law is sought to beraised: Whether on the facts and in thecircumstances of the case, the ITAT wasright in law in holding that order of CITinvoking it’s power under Section 263 ofthe Act was void, ignoring the fact thatthe issues involved and reasons for whichthe proceedings u/s 263 of the Act wereinitiated are totally different from thesubject matter and issues raised inappeal before the CIT (A)?" 2.We have perused the order of ITAT dated28th June, 2002 as well as June, 2002 as well as the order of CIT the Income-tax Act for the assessment years 1993-94 and 1994-95. 3.The Tribunal by it’s order has that the said order is challenged before this Court. involved in the appeal. We, therefore, dismiss the appeal with no order as to costs. 5. In view of the dismissal of the appeal, the notice of motion does not survive, hence the same stands disposed of accordingly. (V.C. DAGA,J.) (DR.S. RADHAKRISHNAN,J.)