1 itxa2627-10 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2627 OF 2010 Evershine traders Pvt. Successor to M/s. Khodiyar Trading & Investments Pvt. Ltd. ..Appellant. V/s. Income Tax Officer 3(2)(2), Mumbai & Anr. ..Respondents. Mr. J.D. Mistri, senior Advocate with P.C. Tripathi and Raj Darak for the appellant. Mr. Vimal Gupta for the respondents. CORAM : J.P. DEVADHAR AND SMT. R.P.SONDURBALDOTA JJ. DATED : 16TH JUNE, 2011 P.C. :- 1. Heard. Admit on the following question of law :- " Whether the Tribunal erred in holding that the jurisdictional preconditions for invoking the provisions of section 263 of the Act had been fulfilled in the present case? " 2. By consent, the appeal is taken up for final hearing. 3. Counsel for the parties state that the question raised in this 2 itxa2627-10 appeal is covered in favour of the assessee and against the revenue by the decision of this Court in the case of CIT V/s. M/s. Nikhil Investment Co. Pvt. Ltd. [Income Tax Appeal (Lod) No.3006 of 2009] dated 15/3/2010. In this view of the matter, the question raised in this appeal is answered in favour of the assessee and against the revenue. 4. The appeal is disposed off accordingly with no order as to costs. (SMT. R.P.SONDURBALDOTA, J.) (J.P. DEVADHAR, J.)