The Commissioner Of Income Tax-4 v. M/S. Satco Securities & Financial Servicesltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.4086 OF 2010 The Commissioner of Income Tax-4. ..Appellant. Vs. M/s. Satco Securities & Financial ServicesLtd., ..Respondent. .... Mr. Vimal Gupta, for the Appellant. Mr. Balkrishna V. Jhaveri, for the Respondent. .... CORAM : J. P. DEVADHAR & A.R. JOSHI, JJ. DATED : 15th NOVEMBER, 2011. P.C. 1.The question of law raised in this Appeal reads thus : “Whether, the Tribunal was right in holding that the transaction charges paid to the National Stock Exchange of India are not hit by the provisions of Section 40(a)(ia) r.w.s. 194J of the Income Tax Act, 1961 ?” 2.This Court in the case of The Commissioner of Income Tax-4(3) Vs. M/s. Kotak Securities Limited, in Income Tax Appeal No.3111 of 2009 decided on 21st October, 2010 has held that the transaction charges paid by the assessee to the Stock Exchange are covered under Section 194J of the Income Tax Act, 1961, but disallowance under Section 40(a)(ia) cannot be made in A.Y. 2005-06 in view of the fact that both the Revenue as well as the assessee were under the belief from 1995 till 2004-05 that the transaction charges were not covered under Section 194J of the Act. 3.Since the question raised in this Appeal is squarely covered by the judgment in the case of Kotak Securities Ltd.(supra), we see no reason to entertain this Appeal. The Appeal is accordingly dismissed. (A. R. JOSHI, J.)(J. P. DEVADHAR,J.)