1 itxa3907-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.3907 OF 2009 The Commissioner of Income Tax (International Taxation) ..Appellant. V/s. M/s. Chiron S.r.I. India Branch ..Respondent. Mr. Suresh Kumar for appellant. Mr. P.J. Pardiwala, senior Advocate with A.K. Jasani for respondent. CORAM : J.P. DEVADHAR AND R.M. SAVANT, JJ. DATED : 30TH NOVEMBER, 2010 P.C. :- 1. A short question raised in this appeal is, when the loss declared by the assessee in the assessment year 2001-02 is accepted and allowed to be carried forward whether such carried forward loss can be disallowed in the assessment year 2003-04. It is not in dispute that the assessment determining the loss for the assessment year 2001-02 has attained finality. Once the loss determined in the assessment year 2001-02 is allowed to be carried forward, it could not be disallowed in the assessment year 2003-04. In our opinion, there is no infirmity in the order passed by the Tribunal. Accordingly, the appeal is dismissed with no order as to costs. (R.M. SAVANT, J.) (J.P. DEVADHAR, J.)