2009 (2) TMI 96

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..... n record existed - impugned order of Tribunal cannot be faulted with – no question of law arise – not a fit case to admit the Appeal - 766 of 1999 - - - Dated:- 18-2-2009 - D. A. MEHTA and S. R. BRAHMBHATT, JJ. Mr. M.R. Bhatt with Mrs. Mauna M. Bhatt for the Appellant. Mr. J. P. Shah for the Respondent. ORDER JUSTICE D. A. MEHTA - On 25.09.2000 the Court ordered listing of this .....

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..... ". 3. The case of the assessee being that contract was only in relation to principal amount and was not relatable to any interest component and thus the surplus realised on cancellation of forward foreign exchange contract was only on Capital Account. Whereas the Revenue contended, by virtue of certain correspondence as well as assessment proceedings for subsequent assessment years, that on th .....

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..... ht in law and on facts in rejecting the application filed by the revenue under section 254(2) of the Act on the ground that the same amounted to an application for review?" 6. Heard learned Counsel appearing for the respective parties. 7. It is apparent that impugned order of Tribunal cannot be faulted with as the same does not lay down any legal proposition but merely holds on facts that .....

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