Commissioner Of Income Tax, Udaipur v. M/S Jyotiminerals Pvt. Ltd.(D.b. Income Tax Appeal

1.Commissioner of Income Tax, Udaipur Vs. M/s JyotiMinerals Pvt. Ltd.(D.B. INCOME TAX APPEAL NO.24/2009) 2.Commissioner of Income Tax, Udaipur Vs. M/s JyotiMinerals Pvt. Ltd.(D.B. INCOME TAX APPEAL NO.3901/08(DR(J) Date of Order :: 23.3.2009 HON'BLE MR. JUSTICE A.M. KAPADIAHON'BLE MR. JUSTICE SANGEET LODHA Mr. K.K. Bissa, for the appellant. 1.These two appeals under Section 260A of the Income TaxAct, 1961 (in short 'the Act of 1961') are directed against theorder dated 30.10.07 passed by the learned Income TaxAppellate Tribunal, Jodhpur Bench, Jodhpur (in short 'the learnedITAT') in ITA NO.860/JP/1995 and ITA No. 861/JP/1995 inrespect of the Assessment Years 1989-90 and 1990-91, wherebythe appeals preferred by the Revenue against the order dated3.2.95 passed by the Commissioner of Income Tax (Appeal) (inshort “CIT(A)”) allowing the claim of the assessee for investmentallowance, have been dismissed. 2.The appeals preferred by the Revenue as aforesaid havebeen dismissed by the learned ITAT relying upon a Benchdecision of this Court in the matter of “Arihant Tiles and MarblesPvt. Limited vs. Income Tax Officer” dated 30.5.07. It is notdisputed by the learned counsel for the appellant before us thatthe issue involve in these appeals stands squarely covered by Aditya/- the decision of this court in Arihant Tiles & Marbles's case (supra). 3.In this view of the matter, no substantial question of lawarises for consideration of this court in this appeal. 4.Accordingly, both the appeals are dismissed in light of thedecision of this court rendered in Arihant Tiles & Marbles's case (supra). (SANGEET LODHA),J. (A.M.KAPADIA),J.