Itxa/502/2012 Of Commissioner Of Income Tax - 4 v. M/S. Creative Global Stock Broking P.ltd

sbw *1* IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.502 OF 2012 Commissioner of Income Tax-4 ..Appellant -Versus-M/s. Creative Global Stock Broking P.Ltd. ..Respondent ........... Mr. A. R. Malhotra with N. A. Kazi for the Appellant. Mr. Sameer Dalal with P. C. Tripathi i/b. A. K. Jasani for the Respondent............ CORAM: S.C. DHARMADHIKARI AND A. K. MENON, JJ. DATE :- 21[st] August, 2014 P.C.: 1]After this appeal was argued for some time, Mr. Malhotra fairly states that the two questions of law which arise out of the order passed by the Tribunal and impugned in this appeal, have been already answered by this Court and in so far as the first question is concerned, he brings to our notice the judgment in the case of Commissioner of Income Tax V/s. Kotak Securities Ltd. reported in (2012) 340 ITR 333 and in so far as the second question is concerned, he cites the judgment of this Court in the case of Godrej & Boyce Mfg. Co. V/s. Assistant Commissioner of Income Tax reported in 328 ITR 81. 2]He submits that against both these judgments and in so far as they turned down the stand of the revenue, the revenue has filed an appeal before the Hon'ble Supreme Court and which is pending. 3]We are of the view that having answered and concluded these questions and termed as substantial Questions of law by the above judgments, which are holding the field that the present appeal cannot be entertained. It does not raise any substantial question of law. Each of the questions have been answered by the judgments of this Court and merely because a Special Leave Petition has been filed in the Hon'ble Supreme Court, we would not be justified in entertaining this appeal. The appeal is, therefore, dismissed. (A. K. MENON, J.) (S.C. DHARMADHIKARI, J.) wadhwa 2/2