COMMISSIONER OF INCOME TAX Vs. ESSAR STEEL LTD

JUDGEMENT

(1.) THE Appeal of the Revenue challenges the order passed on 16th May, 2012 by the Income Tax Appellate Tribunal, Mumbai Bench in Income Tax Appeal No. 4962/Mum/2005. The assessment year is 200102.

(2.) ON the attention of Mr. Suresh Kumar, appearing for the Revenue in support of the Appeal, being invited to page 4 of the Appeal paper book, wherein the substantial questions are set out, Mr. Suresh Kumar fairly states that only question No. 1 can be termed as substantial question of law.

(3.) THE Revenue could not have raised question No. 2 as it had not filed any Appeal, cross objections before the Tribunal, nor did it point out to the Tribunal that in the absence of an Appeal by it possibly it could not have impugned the Commissioner's order in its entirety on this dis -allowance or deduction. Therefore, he does not press this Appeal insofar as question No. 2.