The Commissioner Of Income Tax – 14, Mumbai v. Shri Chandanmal V. Jain

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1350 OF 2009 The Commissioner of Income Tax – 14, Mumbai ..Appellant. Versus Shri Chandanmal V. Jain ..Respondent. Mr.D.K. Kamwal for the appellant. Mr.B.V. Jhaveri with Ms.Preeti Shukla for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATE : 12TH AUGUST 2009 P.C. : 1.Heard learned counsel for the revenue and the learned counsel for the respondent. Having heard both the advocates and having gone through the order of the tribunal, we find that the tribunal has recorded a finding of fact that the transaction entered into is a genuine transaction based on the circumstances available on record. Very same finding was recorded for the earlier year, against which no appeal was preferred, may be the tax effect was less. However, the genuineness of the transaction recorded by the tribunal for earlier years has also become final and conclusive. 2.In this view of the matter, no substantial question of law can be said to be involved in this appeal. The appeal is thus dismissed in limine with no order as to costs.