bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.659 OF 2009 The Commissioner of Income Tax ..Appellant Vs. M/s.Asia Corp. Securities Ltd. ..Respondent Mr.Suresh Kumar for appellant. CORAM :- V.C.DAGA & J.P.DEVADHAR,JJ. DATE : 28TH JULY, 2009 P.C. Heard learned Counsel for the appellant. In view of setting aside the order under Section 143(3) of the Act, the assessment made pursuant to that order cannot survive unless the order under Section 263 is set aside. There is no material on record to show that Revenue has, at any time set up any challenge to the order under Section 263 of the Act. Since the order passed by the Tribunal under Section 263 of the Act has become final and conclusive, it can hardly be said that the present appeal involves any substantial question of law. Hence, the appeal stands dismissed in limine with no order as to costs. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)