Itxa/1292/2010 Of The Commissioner Of Income Tax - 1, Mumbai v. M/S Trident Shipping Agencies Pvt. Ltd. , Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL (L) NO.2294 OF 2008 The Commissioner of Income Tax..Appellant. V/s. M/s.Trident Shipping Agencies Pvt. Ltd. ..Respondent. Mr.Vimal Gupta for appellant.None for respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 30TH JUNE, 2009. P.C. :- 1.Heard learned counsel for the revenue. Office objections are overruled. Registry is directed to register the appeal. 2.The appeal is taken up for hearing at the request of learned counsel for the revenue. He fairly states that so far as the first question is concerned, the same is covered by the Division Bench judgment of this Court in Income Tax Appeal No.114 of 2009 decided on 9/2/2009 in the case of Director of Income Tax (International Taxation) V/s. M/s.Oman International Bank SAOG (unreported). 3.So far as the second question is concerned, the Tribunal has recorded the findings of fact based on appreciation of evidence. It is further recorded by the Tribunal that since the interest income from loans and advances to other companies has been assessed as business income of the assessee company, the assessee is entitled to its claim of bad debt. In this view of the matter, no substantial question of law is involved in the appeal. The appeal is, therefore, dismissed in limini with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)