K.J. IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1222 OF 2008 The Commissioner of Income-tax-8 ) Mumbai )..Appellant V/s. M/s.Chunilal & Co.(TM) P.Ltd., )..Respondents ---- Mr.Suresh Kumar for the appellant Mr.A.K.Jasani for the respondents. ---- Coram : F.I.Rebello & R.S.Mohite,JJ Date : 21.01.2009. PC 1. Revenue has come in appeal on the following question :- (A) Whether on the facts and the circumstances of the case and in law the Hon’ble Tribunal was justified in holding that cessation of business has not taken place even though the assessee has not carried out any business activity during the year? 2. Learned Tribunal considering the evidence on record arrived at the conclusion that there was no cessation of business considering the profit & Loss account of the previous year and also subsequent years. In our opinion, it is purely a finding of fact. In the light of that, the question as framed would not arise. Consequently, appeal dismissed. (R.S.Mohite,J) (F.I.Rebello,J)