V.shri. Dilipkumar v. Lakhi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.622 OF 2010INREVIEW PETITION (L) NO. 23 OF 2010IN INCOME TAX APPEAL NO.3845 OF 2009 The Commissioner of Income Tax-XVI.v. M/s. Sumatinath Enterprises. ..Appellant...Respondent. WITH NOTICE OF MOTION NO.624 OF 2010INREVIEW PETITION (L) NO. 21 OF 2010ININCOME TAX APPEAL NO. 815 OF 2010 The Commissioner of Income Tax-XVI. v.Shri. Dilipkumar V. Lakhi. ..Appellant. ..Respondent. Mr. Arvind Pinto for the Appellant. Ms. Vasanti B. Patel for the Respondents. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATE : 09TH JANUARY, 2013 PC: The question raised in the aforesaid appeals stand covered by the decision of the Apex Court in the matter of ACG Associated Capsules Pvt. Ltd. v. Commissioner of Income Tax reported in (2012) 343 ITR 89 (SC) against the revenue and in favour of the assessee. 2) In view of the above no useful purpose would be served in entertaining the notice of motions seeking condonation of delay for filing the review petitions as well as review petitions seeking to review the order dated 6/2/2009 of this court dismissing the appeal on account of delay. Accordingly, the aforesaid notice of motions and the review petitions are dismissed with no order as to costs. (M.S.SANKELCHA, J.) (J.P. DEVADHAR, J.)