The Commissioner Of Income Tax City-4, Mumbai v. M/S. Welspun Syntex Ltd. .)........ Respondant

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 446 OF 2005 The Commissioner of Income tax City-4, Mumbai.......Appellant versus M/s. Welspun Syntex Ltd. .)........ Respondant. Mr. Vimal Gupta i/b Pankaj Kapoor for the appellant CORAM: SWATANTER KUMAR, C.J., & A.P. DESHPANDE, J. DATED: 15th SEPTEMBER, 2008. P.C.: 1.We have heard the learned counsel for the appellant.The Income Tax Appellate Tribunal came to the conclusion thatthe alleged allwoable depreciation could not be considered asundisclosed income of the assessee. Thus there was no questionof undisputed income within the meaning of section 158BB ofthe Act and it is not in dispute that the same has beenintroduced by the authority concerned in subsequent period. Noquestion of law arises. Hence Appeal stands dismissed. CHIEF JUSTICE A.P. DESHPANDE, J.