IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.525 OF 2005 The CIT-9 )..Appellant V/s. M/s.Pix Autos Limited )..Respondent ---- Mr.Suresh Kumar for the appellant. Mr.M.Subramanian with V.S.Hadade for the respondent. ---- Coram : F.I.Rebello & R.S.Mohite,JJ Date : 16.02.2009. PC 1. Revenue is in appeal against the order of the learned Tribunal dated 18.5.2005. The Tribunal in the said respective assessment year 1993-94 was pleased to hold that in respect of the same assessee for the proceeding assessment year 1992-93 and the subsequent assessment year 1994-95, had decided the issue in favour of the assessee. The finding there was that the transaction was not sham. In so far as assessment year 1992-93 is concerned, against the order of ITAT, revenue had preferred an appeal before this Court. That appeal being Income-tax Appeal (L) No.623 of 2004. That appeal was withdrawn because of less tax effect. Learned Counsel submits that can be evidenced from the fact : 2 : that the court fees were directed to be refunded. Learned Counsel may be right though we do not have the papers of the appeal before us. 2. In so far as assessment year 1994-95 is concerned, against the order of the Tribunal, the appellant had preferred Income-tax Appeal No.1115 of 2004. Another bench of this Court by order dated 4.7.2008 dismissed the appeal by holding that no question of law arises as it pertains merely to appreciation of evidence. It is no doubt true that the order was passed in the absence of the appellant. However, learned Counsel has not pointed out to us that any steps were taken for applying to recall that order. In view of that, the finding of fact as recorded by the Tribunal stands confirmed by the order of this Court. 3. Once in respect of the assessment year 1994-95 similar transaction as in the instant case has been held not to be sham, in our opinion, absence of any distinguishing features and none has been pointed out to us, the question of law as framed, would not arise and consequently appeal stands dismissed. (R.S.Mohite,J) (F.I.Rebello,J)