bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3095 of 2009 IN INCOME TAX APPEAL (L) NO.1329 OF 2008 Commissioner of Income Tax ..Appellant Vs. M/s.Waman Industrial Chemicals Ltd. ..Respondent Mr.J.S.Saluja for appellant. Ms.V.B.Patel for respondent. CORAM :- V.C.DAGA & J.P.DEVADHAR,JJ. DATE : 10th NOVEMBER,2009 P.C. 1. Heard. Perused appeal. 2. The Revenue has come with the Notice of Motion seeking restoration of the appeal challenging the order of the Tribunal for A.Y. 2000-01. In the appeal being ITXA No.1218 of 2009 CIT Vs. M.L.Shah and Co. (Machinery) P. Ltd, the decision in the case of Waman Industrial Chemicals Ltd. (present appeal) for the A.Y.1995-96 was relied on. Mr.J.S.Saluja makes a statement that the said order of the Tribunal has been accepted by the Revenue. The very same order has been relied on in the present appeal by the Tribunal. Under these circumstances, we see no reason to restore this appeal by granting Notice of Motion. Since the earlier order of the Tribunal has been accepted by the Revenue it has become final and binding. The Notice of Motion is therefore, dismissed. In view of the dismissal of the Notice of Motion, the appeal does not survive. Hence, the same stands dismissed. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)