Itxa/362/2005 Of The Commissioner Of Income Tax Central-Iii, Mumbai v. Shantaben D. Desai

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.362 OF 2005 INCOME TAX APPEAL NO.362 OF 2005 The Commissioner of Income-tax ..Appellant. V/s. Shantaben D. Desai ..Respondent. Mr.B.M.Chatterjee i/b. Suresh Kumar for appellant. Mr.S.P.Mehta for respondent. CORAM : V.C.DAGA ANDJ.P.DEVADHAR, JJ. DATED : 15TH APRIL, 2009. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 15TH APRIL, 2009. P.C. :- P.C. :- P.C. :- 1. Heard learned counsel for the appellant and the respondent. The appeal seeks to raise the following question of law:- " Whether amount of Rs.4,35,62,500/- received by the assessee from GE, USA revenue receipt or capital receipt ? " 2. The above issued has already be considered and answered by this Court in the case of Commissionerof Income Tax V/s. Narendra D.Desai reported in 214C.T.R. 190 (Bom). The Tribunal has relied upon the very Judgment in support if its view. In this view of the matter, no substantial question of law is involved. The appeal is thus dismissed with no order as to costs.