Itxa/234/2012 Of The Commissioner Of Income Tax -5 v. M/S. Essar Properties Ltd

*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.234 OF 2012 The Commissioner of Income Tax 5-Versus-M/s. Essar Properties Ltd. ..Appellant ..Respondent ...................... Mr. Suresh Kumar for the Appellant. CORAM: S.C. DHARMADHIKARIAND B.P. COLABAWALLA, JJ. DATE :- 11[th] June, 2014 P.C.: 1]This appeal challenges the order passed by the Income Tax Appellate Tribunal, Bench at Mumbai, dated 6[th] July, 2011 in Income Tax Appeal No.2534/MUM/2010. The assessment year in question is 2006-07. 2]Mr. Suresh Kumar submits that this appeal raises a substantial question of law, that has been formulated by the Revenue at page 4 of the paper book. 3]However, Mr. Suresh Kumar was fair to bring to our notice the order of the Division Bench dated 28[th] February, 2012 in Income Tax Appeal 1/2 *2* 6.itxa234.12 Lodging No.1432 of 2011. That was an appeal filed by the Revenue against the order of the tribunal in case of the very assessee before us. The Division Bench dismissed the appeal by holding that it does not raise any substantial question of law. The order of the Division Bench, thus, clearly applies to the present appeal. The questions of law raised in this appeal as also the appeal dealt with by the Division Bench, are identical. In these circumstances, for the reasons set out in the order dated 28[th ]February, 2012, this appeal fails and it is dismissed. (B.P.COLABAWALLA, J.) (S.C. DHARMADHIKARI, J.) wadhwa 2/2