TMI Blog2011 (11) TMI 33X X X X Extracts X X X X X X X X Extracts X X X X ..... cause the order of the Commissioner of Income Tax would not be appealable under Section 260A of the Act as the remedy of appeal became available only on 1.6.2007. Accordingly, the instant application is allowed, order dated 23.12.2009 is recalled and the writ petition is restored to its original number because against the order dated 8.9.2005 (P.1) passed by the Commissioner of Income Tax only wri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was dismissed by this Court on 23.12.2009 as withdrawn by allowing liberty to the petitioner to file an appeal under Section 260 A of the Act. 2. Mr. Deepak Aggarwal, learned counsel for the applicant petitioner has argued that the Tribunal did not have the jurisdiction to entertain an appeal in respect of the order dated 8.9.2005 (P.1) which passed under Section 80-G(5)(vi) of the Act by the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issioner of Income Tax would not be appealable under Section 260A of the Act as the remedy of appeal became available only on 1.6.2007. Accordingly, the instant application is allowed, order dated 23.12.2009 is recalled and the writ petition is restored to its original number because against the order dated 8.9.2005 (P.1) passed by the Commissioner of Income Tax only writ petition would be compete ..... X X X X Extracts X X X X X X X X Extracts X X X X
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