1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.2965 OF 2009 The Commissioner of Income Tax ..Appellant. V/s. M/s. V.H. Bhagat & Co. ..Respondent. Mr. Suresh Kumar for appellant. None for respondent. CORAM : DR. D.Y.CHANDRACHUD AND J.P.DEVADHAR, JJ. DATED : 4TH FEBRUARY, 2010 P.C. :- The ITAT by its order dated 13th July, 2009 dismissed the Miscellaneous Application under section 254 of the Income Tax Act, 1961. In the circumstances, the appeal would not lie against the order of the Tribunal dismissing the Miscellaneous Application. The revenue is entitled to pursue such remedy as available in law, both against the original order as well as against the order passed in the Miscellaneous Application. The present appeal is manifestly not a remedy available in law. The appeal is accordingly dismissed. (J.P.DEVADHAR, J.) (DR. D.Y.CHANDRACHUD, J.)