The Commissioner Of Income Tax – 3, Mumbai v. M/S.fitwell Real Estate P. Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.1984 OF 2009ANDINCOME TAX APPEAL (L) NO.1985 OF 2009 The Commissioner of Income Tax – 3, Mumbai ..Appellant. Versus M/s.Fitwell Real Estate P. Limited ..Respondent. Mr.Vimal Gupta for the appellant.Mr.Atul K. Jasani for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATE : 9TH SEPTEMBER 2009 P.C. : 1.Office objections, if any are over-ruled. Registry is directed to register both the appeals. By consent of both the parties, the appeals are taken up for hearing at the stage of admission. Heard counsel on both the sides. 2.The question sought to be raised in these appeals relates to an amount of interest paid by the assessee – company on the loan utilized for acquisition of a capital asset. In the circumstances, whether it amounts to revenue expenditure or otherwise. Both Advocates agree that the issue sought to be raised in these appeals is covered by the judgment of the Apex Court in the case of Dy. C.I.T. V/s. CoreHealth Club Limitedreported in [2008] 298 ITR 194 (S.C.). 3.In this view of the matter, no substantial question of law arises in these appeals. The appeals are thus dismissed with no order as to costs.