The Commissioner Of Income Tax – 8, Mumbai v. Siddhant Ice Cream P Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.594 OF 2009 The Commissioner of Income Tax – 8, Mumbai ..Appellant. Versus Siddhant Ice Cream P Limited ..Respondent. Mr.Suresh Kumar for the appellant.Mr.A.K. Sharma with Mr.P.C. Tripathi for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATE : 29TH JULY, 2009 P.C. : 1.Heard learned counsel for the revenue. 2.The question sought to be raised in this appeal revolves around the issue as to whether the royalty income from leasing of trade marks was to be treated as business income or income from other sources. The tribunal has relied upon the order passed in the case of assessee itself for earlier assessment years, wherein royalty income received by the assessee on leasing out the trademark and giving technical know-how be directed to be taxed as business income and not as income from other sources. Said order has been accepted by the revenue. 3.In this view of the matter, no substantial question of law is involved in this appeal. The appeal is, therefore, dismissed with no order as to costs.