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2022 (7) TMI 1369 - HC - Income TaxApplication for review of the judgment and order passed by the Income Tax Appellate Tribunal - petition Filled under Article 226 and 227 of the Constitution what is prayed is to set aside order [2021 (7) TMI 252 - ITAT AHMEDABAD] passed by the Income Tax Appellate Tribunal - Disallowance of head loss in contract account - HELD THAT:- While learned senior advocate raised various contentions to urge the court that the review application ought to have been allowed by the Tribunal, he fairly admitted the factum that the department has already preferred appeal under Section 260A of the Income Tax Act against the aforementioned judgment and order of the Tribunal [2017 (1) TMI 671 - ITAT AHMEDABAD] The dismissal of the Special Civil Application by this court is only on the ground that the petitioner department has preferred substantive appeal before this court. It goes without saying that all the contentions of the petitioner will be open to be raised in accordance with law in the appeal proceedings.
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