:1: bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME INCOME INCOME TAX APPEAL NO.917 OF 2008 TAX APPEAL NO.917 OF 2008 TAX APPEAL NO.917 OF 2008 The Commissioner of Income Tax, ..Appellant Vs. Meena V.Chauhan ..Respondent Mr.K.R.Choudhari for the Appellant. Ms.Asifa Khan for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & V.C.DAGA, V.C.DAGA, V.C.DAGA, JJ. JJ. JJ. DATE DATE DATE : 29TH SEPTEMBER, 2008 : 29TH SEPTEMBER, 2008 : 29TH SEPTEMBER, 2008 P.C. P.C. P.C. . Heard the learned Counsel for the parties. We have perused the original Assessment Order as well as the order dated 19th June,2006 passed by the Income Tax Appellate Tribunal. The Income Tax Appellate Tribunal has decided the said Appeal in view of the fact, that on an identical issue involved in various Appeals before the Commissioner of Income Tax, were decided in favour of the Assessee. 2. When we queried from the learned Counsel for the Appellant, Mr.Choudhary very fairly states, that as far as Bhanuben Jairam Chauhan is concerned, who is one of the coparceners, the Revenue has not challenged the order passed by the Income Tax Appellate Tribunal though the said Bhanuben Jairam Chauhan holds 25.24% share in the coparcener property. Whereas, the present Appeal has been filed with regard to the Meena :2: Vijay Chauhan who holds only 5.39%. Mr.Chaudhary also fairly states that no Appeal has been filed against the order passed by the Income Tax Appellate Tribunal with regard to coparceners in this HUF. It is a settled position of law that there cannot be contradictory orders between two different coparceners with the same property. Under these facts and circumstances of the case, we are not inclined to entertain the present Appeal. Hence, the same stands dismissed. (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)