Itxa/1563/2011 Of The Commissioner Of Income Tax-17 v. M/S P.d. Warehousing Corpn

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1563 OF 2011 The Commissioner of Income Tax-17, Mumbai ..Appellant. V/s. M/s. P.D. Warehousing Corporation ..Respondent. Mr. Suresh Kumar i/b. D.K. Kamwal for the appellant.Mr.Atul K. Jasani for the respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATED : 7TH FEBRUARY, 2013 P.C. :- 1.In this appeal by the revenue for the assessment year 2006-07, the following question of law have been raised for our consideration :- “ Whether on the facts and in the circumstances of the case and in law, the ITAT was justified in deleting the disallowance of Rs.32,77,129/- made by the assessing officer u/s.36(1)(iii) of the Income Tax Act, 1961, without appreciating the fact that interest paid on loans borrowed and utilized for payment to retiring partner is not admissible deduction u/s.36(1)(iii) of the Act ?” 2.Counsel for the parties state that similar question was raised in the assessee's own case for the earlier assessment years in an appeal filed by the revenue from the order of the Tribunal in Income Tax Appeal No.5606 of 2010 and 5607 of 2010. This court did not entertain both the aforesaid appeals by an order dated 22[nd] June, 2012. For the reasons mentioned therein, we do not entertain the present appeal. 3.Accordingly, the appeal is dismissed with no order as to costs. (M.S. SANKLECHA, J.) (J.P. DEVADHAR, J.)