1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.1300 OF 2009 The Commissioner of Income Tax – 3, Mumbai ..Appellant. Versus M/s.Standard Industries Limited ..Respondent. Mr.P.S. Sahadevan for the appellant. Ms.Vasanti B. Patel for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATE : 29TH JULY, 2009 P.C. : 1. Heard learned counsel for the revenue. The order was passed by the assessing officer u/s.143(3) of the Act and same was revised under Section 263 of the Act. The order passed u/s.263 was set aside by the tribunal. In the meanwhile the order passed u/s.263 was given effect to. 2. Since the earlier order passed by the tribunal setting aside the order u/s.263 has not been challenged and has become conclusive, even assuming the said order was given effect to, the tribunal is justified in setting aside the order. Nowhere in the appeal memo, it is mentioned that the revenue has challenged the order of the tribunal setting aside the order passed u/s.263. 3. In this view of the matter, we do not find any substantial question of law involved in this appeal. The appeal is, thus dismissed in limine with no order as to costs. (J.P. Devadhar, J.) (V.C. Daga, J.)