Itxa/2565/2011 Of The Commissioner Of Income Tax , -4 Mumbai v. Prashant J. Patel

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL (LOD) NO.699 OF 2010 The Commissioner of Income Tax-4, Mumbai ..Appellant. V/s. Shri Prashant J. Patel ..Respondent. Mr. Vimal Gupta for the appellant. Mr. Subramaniam with V.S. Hadade for the respondent. CORAM : J.P. DEVADHAR AND A.R. JOSHI, JJ. DATED : 18TH NOVEMBER, 2011 P.C. :- 1.Four questions of law are raised by the revenue in this appeal. 2.Counsel for the parties state that the first two questions are covered against the revenue by the decisions of this Court in the case of The Income Tax Commissioner, Mumbai City-4 V/s. Angel Capital & Debit Market Ltd. [Income Tax Appeal (L) No.4756 of 2011] decided on 28[th] July, 2011 and in the case of CIT V/s. M/s. Kotak Securities Ltd. [Income Tax Appeal No.3111 of 2009] decided on 21[st] October, 2011. Hence the first two questions raised by the revenue cannot be entertained. 3.As regards the third question is concerned, counsel for the parties state that the third question is answered against the revenue in the case of The Commissioner of Income Tax-4 V/s. M/s. Sykes & Ray Equities (I) Ltd. [Income Tax Appeal No.3563 of 2010] decided on 14[th ]October, 2011. Hence the third question cannot be entertained. 4.As regards the fourth question is concerned, similar question raised by the revenue in the case of The Commissioner of Income Tax-4 V/s. M/s. The Stock and Bond Trading Co. [Income Tax Appeal No.4117 of 2010] has been rejected by this Court on 14[th ]October, 2011. Hence the fourth question cannot be entertained. 5.The appeal is dismissed accordingly with no order as to costs. (A.R. JOSHI, J.) (J.P. DEVADHAR, J.)