Itxa/712/2009 Of The Commissioner Of Income Tax Vi, Mumbai v. Hindalco Industries Ltd. , Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION The Commissioner of Income-tax-, ... Appellant. Hindalco Industries Ltd. ... Respondent. Suresh Kumar for the appellant. P.R.Toprani for the respondent. P.C.: Heard learned counsel for the parties. 2.Learned counsel for the revenue fairly states that so far as question Nos.(a) and (c) are concerned, both of them are covered by the Division Bench judgment of this court in the case of assessee itself being Income Tax Appeal (L) No.2516/2006 decided on 20[th] January, 2009. 3.So far as question No.(b) is concerned, he submits that the said question was decided by the Tribunal on the basis of decision of this Court in the case of Protos Engg. Co. Pvt.Ltd. 2003 CTR 445 (Bom.). He fairly states that the said judgment cannot be distinguished as such no fault can be found with the view taken by the Tribunal. 4.So far as question No.(d) is concerned, learned counsel for the revenue states that the question is discussed by the Tribunal in para-19 of the order; wherein the Tribunal has relied upon its earlier orders passed in the case of assessee itself for the assessment years 1991-92 and 1992-93, which appear to have been accepted by the Tribunal since no adverse material is on record. As such no fault can be found with the view taken by the Tribunal. 5.So far as question Nos.(e) and (f) are concerned, the Tribunal has decided those questions based on appreciation of evidence and material available on record as such finding of fact of the Tribunal cannot be faulted. 6.In the above view of the matter, we see no substantial question of law involved in this appeal. Appeal is, therefore, dismissed with no order as to costs. (J.P.DEVADHAR, J.)