The Commissioner Of Income Tax v. Dhru & Co

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPLICATION NO.134 OF 2002 The Commissioner of Income TaxVs.Dhru & Co. ..Applicant ..Respondent Mr.A.Kotangale i/b.Mr.H.D.Rathod for the Applicant.Mr.J.D.Mistry i/b. M/s.Dhruv & Co. for the Respondent. CORAM :- DR.S.RADHAKRISHNAN &J.P.DEVADHAR,JJ.DATE : 9TH JANUARY,2007 P.C. 1.Heard the learned Counsel for the parties. Itappears that the two questions have been raised in theapplication, which read as under :- M/s.Pathare Dhru & Co. assessed in the handsof the assessee on substantive basis be excluded therefrom to be taxed on substantivebasis in the hands of M/s.Pathare Dhru & Co.? 2.With regard to both the aforesaid questions, the Tribunal has relied upon its own decision of the earlier Assessment Year. 3.The learned Counsel for the Applicant statesthat the Revenue is not able to trace the record and unable to state that whether the earlier order passedby the Tribunal was challenged or not. 4.Under the aforesaid facts and circumstances, there is no substantial question of law involved in the matter. Hence, the Application stands dismissed. (DR.S.RADHAKRISHNAN,J.) (J.P.DEVADHAR,J.)