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The Commissioner Of Income Tax v. M/S.liberty Oil Mills Ltd

High Court 29 Jan 2008 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
The Commissioner Of Income Tax v. M/S.liberty Oil Mills Ltd
Date of order
29 Jan 2008
Assessment year(s)
Outcome
Dismissed

The order — as passed by the High Court

Case summary

In The Commissioner Of Income Tax v. M/S.liberty Oil Mills Ltd, the High Court (2008) dismissed the appeal. The decision went in favour of the assessee.

Decision: In the light of that the Appeal is not maintainable and consequently dismissed.

Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL, CIVIL JURISDICTION IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL, CIVIL JURISDICTION INCOME TAX APPEAL NO.299 OF 2001 The Commissioner of Income Tax..Appellant Vs. M/s.Liberty Oil Mills Ltd.......Respondents Mr. Mr. A.A. Kango with Mr. P.S. Sahadevan, for the Appellant. CORAM: F.I.REBELLO&R.S.MOHITE,JJ.DATED: 29TH JANUARY,2008 CORAM: F.I. R.S.MOHITE,JJ. DATED: 29TH JANUARY,2008 P.C.: P.C.: . The Revenue has preferred this Appeal on the following questions:- 1. Whether on the facts and in the circumstances of the case, the Tribunal was justified in law in dismissing the Miscellaneous Application filed by the revenue on the ground that an error in the judgment cannot be subject matter of rectification even though the Tribunal had wrongly understood the ratio of the judgment of the Supreme Court in 237 ITR 777?. 2. A learned Bench of this Court in 272 ITR 397 has taken the view that an Appeal would not lie against such an order. In the light of that the Appeal is not maintainable and consequently dismissed. (R.S.MOHITE, J.)(F.I.REBELLO, J.) (F.I.REBELLO, J.)
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