bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1825 OF 2009 The Commissioner of Income Tax ..Appellant Vs. Dr.P.S.Pasricha ..Respondent Mr.P.S.Sahadevan for appellant. Mr.R.Murlidhar i/b. Rajesh Shah & Co. for respondent. CORAM :- V.C.DAGA & J.P.DEVADHAR,JJ. DATE : 7TH OCTOBER, 2009 P.C. 1. Heard learned Counsel for the parties. Perused appeal. 2. Having seen the finding of fact recorded by the Tribunal in paragraph No.9, that the assessee had initially utilized the sale proceeds of sale of his residential flat for purchase of commercial properties and later on he purchased two residential flats within a period specified in sub section (2) of Section 54 of the Act. In this view of the matter, the view taken by the Tribunal cannot be faulted. The appeal is without any substance. Hence, the same stands dismissed in limine with no order as to costs. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)