Itxa/607/2002 Of The Commissiosner Of Income Atax,Bombay. City-22 v. Mahalaxmi Advertisment Tape Factory

1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.607 OF 2002 The Commissioner of Income-tax, Bombay City-22, Bombay .. Appellant. V/s. M/s.Mahalaxmi Advertisement .. Respondent. Mr.R.Asokan i/b. K.B.Rao for the appellant. CORAM : R.M. LODHA, & J.P. DEVADHAR, JJ. DATED : 31ST AUGUST, 2004. P.C. : Heard. 2. In the memo of appeal the following substantial question of law has been proposed. "Whether on the facts & the circumstances of the case the Tribunal was justified in law in deleting the addition made in the total income of the assessee in respect of amount received towards the surrender of tenancy rights ?" 3. The learned counsel for the revenue could not dispute that the proposed question is decided against the revenue by the division bench judgment of this court in the case of Cadel Weaving Mills Co. Limited V/s. Commissioner of Income Tax (249 ITR 2 265). However, the learned counsel submitted that the aforesaid judgment is under challenge before the Supreme Court. 4. Insofar as we are concerned the controversy raised through the proposed question is concluded by the division bench judgment of this court in the case cited supra. 5. No substantial question of law arises in this appeal. 6. The appeal is dismissed in limine. (R.M. LODHA, J.) (R.M. LODHA, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)