The Commissioner Of Income Tax-4 v. M/S. Mss Securities Private Limited

- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (lod) No.2138 of 2009 The Commissioner of Income Tax-4 .. Appellant vs M/s. MSS Securities Private Limited .. Respondent Mr.P.S.Sahadevan i.b.Mr.Ram Upadhyay for AppellantNone for Respondent CORAM: V.C.DAGA AND R.V.MORE,JJ DATED: September 29, 2009 P.C. Heard. Office objections are overruled. Office to register the appeal. Appeal is taken up for hearing at the request of the appellant. Appeal is admitted on the following substantial questions of law: Whether on the facts and circumstances of the case and in law, the Hon’ble Tribunal was justified in law in allowing depreciation on card of Bombay Stock Exchange ? 2.Heard learned counsel for the Revenue. Inspite of service, nobody is present on behalf of the respondent. Affidavit of service filed is taken on record. 3.The questions of law sought to be raised in this appeal relates to depreciation on BSE card. Having heard learned counsel for the appellant-Revenue, appeal is allowed for the reasons recorded in our judgment in the case of C.I.T.vs.Techno Shares & Stocks Ltd. in Income Tax Appeal No.971 of 2006 decided by this Court on 11th September, 2009. Accordingly, the question is answered in favour of the Revenue and against the assessee. NO order as to costs. R.V.More, J V.C.Daga, J