Itxa/2396/2011 Of The Commissioner Of Income Tax-2 v. M/S. Indusind Bank Ltd

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2396 OF 2011 The Commissioner of Income Tax-2, Mumbai ..Appellant. V/s. M/s. Indusland Bank Ltd...Respondent. Mr. Vimal Gupta, Senior Advocate with Padma Divakar for the appellant. Mr. Nishant Thakkar i/b. Mint & Confrers for the respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATED : 4TH MARCH, 2013 P.C. :- 1.In this appeal by the revenue for the assessment year 2004-05, the following question has been raised for our consideration :- “ Whether on the facts and in the circumstances 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.44,16,08,111/- which has accrued but not fallen due or received ? ” 2.Counsel for the parties state that the issue is covered in favour of the respondent-assessee and against the revenue by the decision of this Court in the respondent-assessee's own case in Income Tax Appeal No.1621 of 2011 rendered on 12[th] February, 2013. In view of the reasons stated in our order dated 12[th] February, 20111 in Income Tax Appeal No.1621 of 2011, we see no reason to entertain the present appeal. 3.Accordingly, the appeal is dismissed with no order as to costs. (M.S. SANKLECHA, J.) (J.P. DEVADHAR, J.)