1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.387 OF 2003 The Commissioner of Income-tax City IX, Mumbai .. Appellant. V/s. M/s.Vital Organic Pvt. Ltd. .. Respondent. Mr.R.V. Desai, Senior counsel with Ms.S.V. Bharucha i/b. T.C. Kaushik for the appellant. CORAM : R.M. LODHA, & CORAM : R.M. LODHA, & CORAM : R.M. LODHA, & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED : 29TH OCTOBER, 2004. DATED : 29TH OCTOBER, 2004. DATED : 29TH OCTOBER, 2004. P.C. : Heard Mr.R.V. Desai, the learned senior counsel for the revenue. 2. The order of the Tribunal is based on the earlier order passed by the Tribunal in assessee’s own case for the Assessment Year 1990-91. The learned senior counsel is not able to show that the said order has not attained finality. 3. No substantial question of law arises in this appeal. The appeal is dismissed in limine. (R.M. LODHA, J.) (R.M. LODHA, J.) (R.M. LODHA, J.) 2 (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)