The Commissioner Of Income Tax-4,Mumbai v. M/S Orbit Exports Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1110 OF 2009 IN INCOME TAX APPEAL NO. 1466 OF 2007 The Commissioner of Income Tax-4,Mumbai..Applicant Vs. M/s Orbit Exports Ltd. ..Respondent .... Mr. Suresh Kumar a/w Shyam Walve, Advocates for Applicant.Mr. Ashok Patil, Advocate for Respondent. .... P.C.: CORAM : M.S. SANKLECHA & N.M. JAMDAR, JJ.DATED : 12[th] JUNE 2015 This Notice of Motion is taken out by revenue to recall the order dated 13 August 2008 passed by this Court dismissing therevenue's appeal in default. 2.For the reasons stated in affidavit in support, the orderdated 13 August 2008 is recalled and the motion is made absolute in terms of prayer clause 'A'. 3.At the request of the Counsel, the appeal itself is taken up for admission. 4.The question of law framed by revenue for ourconsideration reads as under: “Whether on the facts and circumstances of the caseand in law the Tribunal erred in treating the lease rentof Rs.46,10,731/- as revenue expenditure disregardingthe fact that it was capitalized in the book of accountsand the Assessee?” 5.It is agreed position between the Counsel that theproposed question of law stands answered by the decision of thisCourt in Income Tax Appeal No. 537/2007 rendered on 19 March2012 in the respondent-assessee's own case. The order dated 19March 2012 raising an identical question was dismissed as notgiving rise to any substantial question of law. Ergo in this appealalso no substantial question of law arises. 6.Accordingly the present appeal is dismissed. No order as to costs. [N.M. JAMDAR, J] [M.S. SANKLECHA, J.] 2 / 2