Nma/1299/2009 Of The Commissioner Of Income Tax-10 Mumbai v. Hindustan Composites Ltd

AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1299 Of 2009 WITH INCOME TAX APPEAL (L) NO.307 OF 2008 The Commissioner of Income- Tax - 10, Mumbai ..Applicant. V/s. Hindustan Composites Limited ..Respondent. Mr.J.S. Saluja for the applicant. Mr.Jitendra Jain with Mr.H.K. Sudhakara i/by M/s.Khaitan & Co. for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATED : 7TH MAY, 2009. P.C. : 1. Heard. By consent of parties, the delay caused in filing the appeal is condoned. 2. By consent of both the parties, the appeal is taken up for hearing. 3. The tribunal has relied on the judgment of this Court in the case of C.I.T. V/s. Bhor Industries Limited reported in 264 ITR 180. The said judgment is still holding the field. Apart from this in the assessment year 1995-96, identical finding was recorded by the tribunal in favour of the assessee, relying upon the same judgment. No positive statement is being made on behalf of the revenue as to whether appeal is filed against the order of the tribunal for assessment year 1995-96. 4. In this view of the matter, we see no substantial question of law in this appeal. The appeal is dismissed with no order as to costs. (V.C. Daga, J.) (J.P. Devadhar, J.)