In Itxa/4178/2009 Of The Commissioner Of Income Tax -2 Mumbai v. Bombay Dyeing And Mfg. Co Ltd, the High Court (2011) dismissed the appeal. The decision went in favour of the assessee.
Issue: The only question raised by the revenue in the appeal is that:- "Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in holding that the transaction of lease rent for taking boiler on lease was a genuine transaction ? " 2.On perusal of the order of the Tr...
Decision: Hence the appeal is dismissed with no order as to costs.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.4178 OF 2009
The Commissioner of Income Tax-2 ..Appellant.
V/s.
M/s. Bombay Dyeing & Mfg. Co. Ltd.
..Respondent.
Mr. Suresh Kumar for appellant.
None for respondent.
CORAM : J.P. DEVADHAR AND MRS. MRIDULA BHATKAR, JJ.
DATED : 1ST FEBRUARY, 2011
P.C. :-
1.
The only question raised by the revenue in the appeal is
that:-
"Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in holding that the transaction of lease rent for taking boiler on lease was a genuine transaction ? "
2.On perusal of the order of the Tribunal, we find that the decision is based on finding of fact and no substantial question of law arises from the order of the Tribunal. Hence the appeal is dismissed with no order as to costs.
(MRS. MRIDULA BHATKAR, J.)
(J.P. DEVADHAR, J.)
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