Itxa/6461/2010 Of The Commissioner Of Income Tax-3, Mumbai v. M/S Birla Yamaha Ltd

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.6461 OF 2010 The Commissioner of Income Tax-3, Mumbai ..Appellant. V/s. M/s. Birla Yamaha Ltd. ..Respondent. None for the appellant. Ms. A. Vissanji with S.J. Mehta for the respondent. CORAM : J.P. DEVADHAR AND K.K. TATED, JJ. DATED : 21ST OCTOBER, 2011 P.C. :- 1.None present for the appellant. Heard learned counsel for the respondent. The question of law raised in this appeal reads thus :- " Whether in the facts and circumstances of the case and in law, the ITAT was right in dismissing / rejecting revenue's ground of appeal No.2, challenging CIT(A)'s order deleting depreciation on foreign exchange rate fluctuation of Rs.16.22 lakhs, capitalized during the year on this account ? " 2.The aforesaid question stands covered against the revenue by the decision of this Court in the case of Padamjee Pulp and Paper 2 itxa6461-10 Mills Ltd. V/s. CIT reported in 210 ITR 97 and by the Apex Court in the case of CIT V/s. Woodward Governor India P. Ltd. reported in (2009) 312 I.T.R. 254 (S.C.). Accordingly, the appeal is dismissed with no order as to costs. (K.K. TATED, J.) (J.P. DEVADHAR, J.)