Itxa/450/2009 Of The Commissioner Of Income Tax- (Tds) Mumbai v. M/S. Aristo Pharmaceuticals Pvt. Ltd Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.450 OF 2009 The Commissioner of Income Tax ..Appellant. V/s. M/s. Aristo Pharmaceuticals Pvt. Ltd. ..Respondent. Mr. Suresh Kumar for appellant. Dr. K. Shivram with Paras Savla for respondent. CORAM : DR. D.Y.CHANDRACHUD AND J.P.DEVADHAR, JJ. DATED : 12TH MARCH, 2010 P.C. :- 1.The appeal was admitted on 28th April, 2009, on the following substantial question of law:- " Whether on the facts and circumstances of the case and in law, the ITAT was correct in holding that the underlying transaction is not a transaction in the nature of contract but sale ? ": 2.This appeal has been placed for hearing together with a batch of appeals. We have delivered judgment today in The Commissioner of Income Tax (TDS) V/s. M/s. Glenmark Pharmaceuticals Ltd. [Income Tax Appeal No.2256 of 2009). Counsel appearing on behalf of the Revenue and the assessee have stated that the facts of the present case are similar to those in the aforesaid appeal. In consequence, the question of law in the present appeal will stand covered against the Revenue and in favour of the assessee in terms of the judgment of this Court. In the circumstances, the question of law is answered against the Revenue. The appeal stands dismissed. There shall be no order as to costs. (J.P.DEVADHAR, J.) (DR. D.Y.CHANDRACHUD, J.)