- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. INCOME TAX APPEAL NO.203 OF 2008 ... The Commissioner of Income Tax-V ...Appellant v/s. Kinetic Motors Co.Ltd. ...Respondent ... Mr.Vimal Gupta for the Appellant. ... CORAM: D.K.DESHMUKH & J.P.DEVADHAR, JJ. DATED: 29TH AUGUST, 2008 P.C.: 1. There are two questions raised by the Revenue. The Tribunal has disposed of the appeal relying upon - 2 - its decision in the assessee’s own case for assessment years 1996-97 and 1995-96. Although, the learned Counsel for the Revenue states that an appeal has been filed against the decision of the Tribunal relating to assessment year 1995-96, he is unable to state as to whether the said appeal is pending before this court or not. 2. In this view of the matter, in the absence of any material to suggest that the appeal filed in respect of the earlier years is pending, the present is disposed of with liberty to the Appellant to renew the appeal if the appeal filed for the earlier year is admitted. (D.K.DESHMUKH, J.) (J.P.DEVADHAR, J.)