1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.3136 OF 2009 The Commissioner of Income Tax – 2, Mumbai ..Appellant. Versus M/s.Trent Limited ..Respondent. Mr.Vimal Gupta for the appellant. Mr.Percy J. Pardiwala, Senior Advocate with Mr.P.C. Tripathi i/by Mr.Atul K. Jasani for the respondent. CORAM : Dr.D.Y. Chandrachud & J.P. Devadhar, JJ. DATE : 17 June, 2010. P.C. : 1. The Commissioner (Appeals) observed that the date of the purchase of the units was 26 March 2002, the record date is 28 March 2002 and the date of sale was 14 October 2002. The sale took place after three months from the record date and hence the provisions of Section 94(7), as they then stood were therefore, not applicable. The Tribunal has confirmed the finding of the Commissioner. In the circumstances, the appeal does not give rise to any substantial question of law. The appeal is accordingly 2 dismissed. There shall be no order as to costs. 2. In view of the aforesaid discussion, it is not necessary for this Court to go into the second question which is raised in the appeal. (J.P. Devadhar, J.) (Dr.D.Y. Chandrachud, J.)