The Commissioner Of Income Tax v. Ms. Pr Shah Share & Stock

IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 79 OF 2008 The Commissioner of Income Tax ... Appellant Versus Ms. PR Shah Share & Stock Brokers Pvt. Ltd. ... Respondent Mr.P.S. Sahadevan for the Appellant. Dr. K. Shivram with Mr.A.R. Singh for Respondent. CORAM: F.I. K.U.CHANDIWAL,JJ. DATED: JUNE 26, 2008 P.C. . In so far as first question, question No. (a) of Para 5 the learned tribunal on considering the facts of the case, held that the losses suffered were business losses. That is purely a finding of fact. Consequently appeal as filed on that ground would not be maintainable. . In so far as question (b) is concerned, there are concurrent findings of fact by the Commissioner (Appeals) as also by ITAT in favour of the assessee. Once there are concurrent findings of fact, the question of law does not arise. Consequently appeal on that ground also dismissed. (K.U.CHANDIWAL, J.) (K.U.CHANDIWAL, J.)(F.I.REBELLO, J.) (F.I.REBELLO, J.)