1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1002 OF 2009 The Commissioner of Income Tax , City – 10, Mumbai ..Appellant. Versus M/s.Fiat India Private Limited ..Respondent. Mr.B.M. Chatterjee for the appellant. Mr.P.J. Pardiwala with Mr.Jas Sanghvi i/by PDS Legal for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATE : 12TH AUGUST 2009 P.C. : 1. Heard learned counsel for the appellant-revenue and the learned counsel for the respondent-assessee. The learned counsel for the respondent submits that the assessee had suffered loss of Rs.78,57,70,023/- and thereafter right upto 2005-2006, the assessee has suffered continuous loss, with the result the right of the assessee to get the loss set off has lost. Under these circumstances, the learned counsel appearing for the respondent-assessee submits that the issue has really become academic. The learned counsel appearing for the appellant-revenue does not dispute this assertion made by the respondent-assessee. 2. In this view of the matter, no substantial question of law warranting adjudication can be said to be arise in this appeal. The appeal is, therefore, dismissed in limine with no order as to costs. (J.P. Devadhar, J.) (V.C. Daga, J.)