Itxa 1071.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION I.T.X.A. 1071/2010 Commissioner of Income Tax -18 Mumbai Appellant Vs. M/s S.K.Koticha & Co. Respondent Mr.Suresh Kumar for Appellant Mr.J.D.Mistry ,Sr.Counsel a/w Mr.A.K.Jasani for Responden CORAM- J.P.DEVADHAR ,AND MRS.MRIDULA BHATKAR,JJ. DATE -14TH FEBRUARY,2011 P.C. . Whether the Tribunal was justified in canceling the order of C.I.T. passed u/s 263 of the Act is the question raised in this appeal. In paragraphs 5.4 of the order the ITAT has recorded the finding that in relation to allowability of interest u/s 40-A (2) (b) and disallowance u/s 14-A , as also the genuineness of the transaction of sale of shares for the purpose of computation of capital loss, the assessing officer had conducted enquiries , collected replies and documents and thereafter has taken one of the possible views. Accordingly the Tribunal has held that when one of the possible view is taken, such a view cannot be termed as untenable in law or erroneous and prejudicial to the interest of revenue so as to invoke jurisdiction under section 263 of the Itxa 1071.10 2 Income Tax Act,1961. 2 In our opinion the decision of the Tribunal is based on finding of fact . Hence the appeal is dismissed. No costs. (Mrs.Mridula Bhatkar,J.) (J.P.Devadhar,J.)