Itxa/1215/2011 Of The Commissioner Of Income Tax- 4 Mumbai v. Abn Amro Equities (I) Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1215 OF 2011 The Commissioner of Income Tax-4, Mumbai..Appellant.V/s.M/s. ABN Amro Asia Equities (I) Limited...Respondent. Mr. Vimal Gupta, Sr. Advocate with Padma Divakar, for the Appellant.None for the Respondent. P.C:- CORAM: J.P.DEVADHAR & M.S.SANKLECHA,JJ.DATE : 11[th] JANUARY, 2013. In this Appeal, the Revenue has raised the following substantial question of law for consideration by this Court. “Whether on the facts and circumstances of the case and in law, the Hon'ble ITAT was right in deleting the disallowance of Rs.1,06,63,841/- made in respect of VSAT, Lease Line charges, without realizing the fact that these were composite charges for professional and technical services rendered by the exchange to its members and the assessee has failed to deduct TDS thereon?” 2We find that the above question stands concluded in favour of the Assessee and against the Revenue in the decision of this Court dated 28[th] July, 2011 in the matter of Income Tax Commissioner v/s. Angel Capital & Debt Market Limited in Income Tax Appeal (L) No.475 of 2011. 3In view of the above, no substantial question of law arises. Accordingly, Appeal is dismissed with no order as to costs. (M.S.SANKLECHA,J.) (J.P.DEVADHAR,J.)