The Commissioner Of Income Tax – 3, Mumbai v. M/S.securex Financial Services P. Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.547 OF 2009ANDINCOME TAX APPEAL (L) NO.549 OF 2009 The Commissioner of Income Tax – 3, Mumbai..Appellant.VersusM/s.Securex Financial Services P. Limited..Respondent. Mr.Suresh Kumar for the appellant.Mr.Atul K. Jasani for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATE : 29TH JULY, 2009 P.C. : 1.Heard learned counsel for the assessee and the learned counsel appearing for the revenue. Keeping in view the reasons given in the impugned order, the transaction of assets leased to R.S.E.B. and Narang Industries were held to be genuine transaction. In other words, they were not sham and/or non genuine transactions. The findings recorded by the tribunal, in our view cannot be said to be perverse. 2.The learned counsel for the respondent-assessee placed reliance on the order of this Court in the case of CIT V/s. West Coast PaperMills Limited being Income Tax Appeal No.839 of 2008 decided on16-10-2008. According to him, same issue was involved in the subject appeal and for the identical reasons, order of the tribunal was upheld. In this view of the matter, we do not see any substantial question of law in these appeals. The appeals are, therefore, dismissed in limine with no order as to costs. (J.P. Devadhar, J.) (V.C. Daga, J.)