SAS IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (LOD) NO.302 OF 2009 INCOME TAX APPEAL (LOD) NO.302 OF 2009 INCOME TAX APPEAL (LOD) NO.302 OF 2009 WITH WITH WITH NOTICE OF MOTION NO.839 OF 2009 NOTICE OF MOTION NO.839 OF 2009 NOTICE OF MOTION NO.839 OF 2009 The Commissioner of Income tax ..Appellant. V/s. M/s. General Export Enterprise ..Respondent. Mr.Suresh Kumar for appellant. Mr.S.S.Shetty for respondent. CORAM : V.C.DAGA AND CORAM : V.C.DAGA AND CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 8TH APRIL, 2009. DATED : 8TH APRIL, 2009. DATED : 8TH APRIL, 2009. P.C. :- P.C. :- P.C. :- 1. In view of the order dated 6/7/2006 passed in appeal No.3261/Mum/05 the reassessment order does not survive because the order passed under section 263 has been cancelled. Therefore, the appeal filed by the assesseee on 26/9/2006 before the Tribunal was dismissed. In this view of the matter, this appeal is dismissed with no order as to costs. 2. In view of the disposal of the appeal, the Notice of Motion does not survive and the same is disposed of as such. (J.P.DEVADHAR, J. (J.P.DEVADHAR, J. (J.P.DEVADHAR, J.) (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)