The Director Of Income Tax v. M/S.taparia Foundation

( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.344 OF 2005 INCOME TAX APPEAL (L) NO.344 OF 2005 The Director of Income Tax .. Appellant Vs. M/s.Taparia Foundation .. Respondent Mr.P.S.Sahadevan for the Appellant. Ms.Vasanti B.Patel for the Respondent. CORAM :- DR.S.RADHAKRISHNAN & A.V.NIRGUDE, JJ. CORAM :- DR.S.RADHAKRISHNAN & A.V.NIRGUDE, JJ. DATE : 16th June, 2008 DATE : 16th June, 2008 P.C. 1. Heard the learned Counsel for the parties. Perused an order passed by this Court in ITXA 904 of 2004 and other companion Appeals dated 11.9.2007. 2. It appears that this Court in Income Tax Appeal No.682 of 2003 in respect of the same assessee and in respect of the same subject matter, by its order dated 25th November, 2004 dismissed the appeal on the ground that it would not give rise to any substantial questions of law. In all these matters reliance was placed by the Tribunal on the assessment year 1988-89. The revenue is unable to produce before this Court the reasons given by the ITAT while disposing of that appeal in favour of the assessee. The appeal filed against the assessment year 1988-89 has been dismissed. 3. Considering the order of this Court in ITXA 682 of 2003, in our opinion, for similar reasons, this Appeal ( 2 ) No.344/2005 also do not give any rise to any substantial question and hence the same (Appeal No.344/2005) stands dismissed. (A.V.NIRGUDE, J.) (DR.S.RADHAKRISHNAN,J.) (A.V.NIRGUDE, J.) (DR.S.RADHAKRISHNAN,J.) (A.V.NIRGUDE, J.) (DR.S.RADHAKRISHNAN,J.)