Mr. Jayant D. Sanghvi v. Commissioner Of Income Tax-8

1112-14-itxa=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1112 OF 2014 Mr. Jayant D. Sanghvi .. Appellant v/s.

The Commissioner of Income Tax-8 Mumbai .. Respondent Mr. Kalpesh Turalkar i/b Aarti Sathe for the appellant None for the respondent CORAM : M.S. SANKLECHA & A.K. MENON, J.J.

DATED : 14th DECEMBER, 2016.

P.C.

1.

Mr. Turalkar, learned Counsel for the appellant states that the appeal has been filed against an order dated 14th November, 2013 passed by the Income Tax Appellate Tribunal, dismissing the appellant's miscellaneous application for rectification under Section 254(2) of the Income Tax Act, 1961.

2.

Mr. Turalkar, further states that this Court in Chem Amit Vs. Asst. Commissioner of Income Tax, 272 ITR 397 has taken a view that an appeal under Section 260A of the Act to the High Court from an order of the Tribunal dismissing an application for rectification under Uday S. Jagtap

1112-14-itxa=.doc Section 254(2) of the Act is not maintainable. Therefore, he is instructed to withdraw the present appeal.

3.

Accordingly, the appeal is dismissed as withdrawn. (A.K. MENON, J.) (M.S. SANKLECHA, J.) Uday S. Jagtap