The Commissioner Of Income Tax-7 v. Rpg Enterprises Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. INCOME TAX APPEAL NO.2608 OF 2009 The Commissioner of Income Tax-7..Appellant.Vs.RPG Enterprises Ltd...Respondent. .... Ms. Suchitra Kamble for the Appellant. Mr. R. Murlidharan with Mr. Rajesh Shah i/b Rajesh Shah & Co. for the Respondent. .... CORAM : DR. D.Y.CHANDRACHUD &J.P. DEVADHAR, JJ. 8[th] January, 2010. P.C.: The original assessment order was passed on 17[th] January, 2005. On 27[th] April, 2005 the CIT (A) decided the appeal and remanded the proceedings back to the assessing officer. In pursuance of the order of the CIT (A) the assessment has been completed and a fresh order of assessment has been passed on 20[th] November, 2006 which, counsel appearing on behalf of the assessee states has been accepted by the assessee. In these circumstances, the Tribunal was justified in coming to the conclusion by its impugned order dated 27[th ] February, 2009 that the order of remand having been implemented and an assessment having been made nothing further survives in the proceedings. The appeal does not raise any substantial question of law. The appeal is accordingly dismissed. (Dr. D.Y.Chandrachud, J.) (J.P. Devadhar, J.)