Itxa/902/2008 Of The Commissioner Of Income Tax -7, Mumbai v. Zandu Pharmaceuticals Works Limited

AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.902 OF 2008 WITH INCOME TAX APPEAL NO.903 OF 2008 The Commissioner of Income-tax, Mumbai City - 7, ..Appellant. V/s. Zandu Pharmaceuticals Works Ltd., ..Respondent. Mr.Suresh Kumar for the Appellant. Mr.Inamdar with Ms.Aasifa Khan for the Respondent. CORAM : D.K. DESHMUKH & J.P. DEVADHAR, JJ. DATED : 14TH OCTOBER, 2008. P.C. : 1. There are two questions raised in this appeal. As regards the first question is concerned, the learned counsel for the appellant fairly states that similar question raised by the revenue in Tax Appeal No.714 of 2008 has been dismissed on 13-10-2008. 2. As regards the second question is concerned, the dispute is whether the wind mill at Jamnagar belonging to the respondent is a part of the Vapi unit so as to proportionately disallow depreciation available to the wind mill while computing deduction to the Vapi Unit under Section 80-IA of the Income Tax Act. The tribunal in para 15 of its order has recorded a finding of fact that the wind mill power project of the assessee near Jamnagar is almost 500 kms away from its Vapi Unit. The tribunal has further recorded a finding that no direct or indirect benefit from the wind mill near Jamnagar is taken by the Vapi Unit and that the revenue has failed to establish the relation between wind mill power project near Jamnagar and the vapi unit. The decision of the tribunal based on the above facts does not give rise to any substantial question of law. Hence, rejected. D.K. DESHMUKH, J. J.P. DEVADHAR, J.