Itxa/2618/2011 Of The Commissioner Of Income Tax -10 v. Kodak India Ltd

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2618 OF 2011 The Commissioner of Income Tax-10, Mumbai ..Appellant. V/s. M/s. Kodak India Ltd. ..Respondent. Mr. Teveer Singh for the appellant. Mr. P.J. Pardiwala, Senior Advocate i/b. PDS Legal for the respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATED : 1ST APRIL, 2013 P.C. :- 1.In this appeal by the revenue for the assessment year 2000-01, following questions of law have been raised for our consideration :- “ Whether on the facts and in the circumstances of the case, the Tribunal was justified in holding that the amount of Rs.2,48,74,502/- being expenditure incurred by the assessee on making its non Y2K compliant computer system into Y2K compliant computer system and the assessee has virtually replaced the entire computer system and, therefore, not complied with the provisions of Section 36(1)(xi) of the Income Tax Act, 1961 ? ” 2.Counsel for the parties are agreed that the issue arising herein is covered in favour of the respondent-assessee and against the revenue by the order of this Court dated 14[th] January, 2013 in Income Tax Appeal No.4782 of 2010 in the matter of the Commissioner of Income Tax (LTU) V/s. M/s. Asian Paints (India) Ltd. In view of the above, we see no reason to entertain the proposed question of law. 3.Accordingly, the appeal is dismissed with no order as to costs. (M.S. SANKLECHA, J.) (J.P. DEVADHAR, J.)