Itxa/1214/2012 Of The Commissioner Of Income Tax - 6 (1) v. M/S. Balkrishna Industries Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1214 OF 2012 … Commissioner of Income Tax-6v/s.M/s.Balkrishna Industries Ltd. ...Appellant ...Respondent … Ms. S.V.Bharucha for the Appellant. P.C. CORAM : S.C.DHARMADHIKARI & A.A. SAYED, JJ. DATED : 10 DECEMBER 2014 This Appeal challenges the order dated 12 August 2011 passed by the Income Tax Appellate Tribunal, Mumbai Bench in Income Tax Appeal No.4008/Mum/2010 for the Assessment Year 2005-06. 2.The Revenue raises two questions, which are termed as substantial questions of law. They are formulated in para 4(a) and 4(b) of the Paper Book. 3.In relation to these questions, attention of the learned Counsel appearing for the Revenue was invited to the Division Bench judgment of this Court in the case of Commissioner of Income Tax-8 v/s. M/s. Sulzer India Limited, Income Tax Appeal itxa-1214-12.doc No.450 of 2013 decided alongwith connected Appeals on 5 December 2014. The Division Bench, to which one of us (S.C.Dharmadhikari, J.) was a party, has dealt with identical questions and answered them in favour of the Assessee and against the Revenue. Nothing different or distinct and not covered by this judgment has been brought to our notice by Ms.Bharucha. She fairly concedes that two questions stand answered in terms of this judgment. 4.The Appeal, therefore, need not be entertained. It does not raise any substantial question of law. It is, accordingly, dismissed. No costs. (A.A. SAYED, J.)(S.C.DHARMADHIKARI,J.)