Itxa/1621/2011 Of The Commissioner Of Income Tax -2 v. Industind Bank Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1621 OF 2011 The Commissioner of Income Tax-2 ..Appellant.V/s.M/s. Indusland Bank Ltd...Respondent. Mr. Vimal Gupta, Sr. Advocate i/b. Padma Divakar, for the Appellant.Mr. Nishant Thakkar i/b. Mint & Conferers, for the Respondent. P.C:- CORAM: J.P.DEVADHAR & M.S.SANKLECHA,JJ.DATE : 12[th] FEBRUARY, 2013. In this Appeal for the Assessment Year 2000-01 by the Revenue, following question has been raised for our consideration:- Whether on the facts and in the circumstance of the case and in law the Tribunal was right in excluding from the total income of the Assessee Company the amount of interest of Rs.29,36,03,288/- which had accrued, but not fallen due or received?. 2The Counsel for the parties state that the question raised in this Appeal is covered against the Revenue and in favour of the Respondent-Assessee by the decision of this Court in the matter of The S.R.JOSHI1 of 2 Director of Income Tax (International Taxation) v/s. Bank of Bahrain & Kuwait, BSC in Income Tax Appeal No.1738 of 2011 rendered on 5[th ]February, 2013. 3In view of the above, we see no reason to entertain the proposed question of law. 4Accordingly, appeal is dismissed with no order as to costs. (M.S.SANKLECHA,J.) (J.P.DEVADHAR,J.)