IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO. 2132 OF 2009 The Commissioner of Income-tax. ... Appellant. V/s. Shri Suresh K. Jajoo. ... Respondent. Ms.Padma Divakaqr for the appellant. Madhur Agrawal i/b. Mint & Conference for the respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 10th September 2009. P.C. : Heard learned counsel for the parties. Office objections are over-ruled. Appeal is taken up for hearing by consent of parties. 2. The appeal filed by the revenue challenging the order of the Tribunal, whereby order passed under section 263 of the Income Tax Act was set aside, being Income Tax Appeal (L) No. 424/2008 came to be dismissed vide order dated 23rd July, 2009. In this view of the matter, the present appeal cannot be entertained. Appeal is, therefore, dismissed in limine with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA J.)