The Commissioner Of Income Tax-(Ltu Unit v. M/S.abb Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1493 OF 2011 ININCOME TAX APPEAL NO.1027 OF 2010 WITH INCOME TAX APPEAL NO.1027 OF 2010 … The Commissioner of Income Tax-(LTU Unit) ..Applicant/Appellantvs.M/s.ABB Ltd ..Respondent … Mr.Sureshkumar for the Applicant/Appellant.Ms.Vasanti Patel for the Respondent. … P.C. CORAM : S.C.DHARMADHIKARI & A.A. SAYED, JJ. DATED : 12 DECEMBER 2014 Heard both sides. For the reasons set out in the affidavit in support, the delay is condoned. Motion is made absolute in terms of prayer clause (a). 2.By consent of both sides, the Appeal itself is taken up for admission. 3.Having perused the order under challenge and the questions of law which have been formulated in the Paper Book, we nma-1493-11.doc are of the view that each one of them stands answered by a judgment of the Hon’ble Supreme Court in the case of Commissioner of Income Tax v/s. Excel Industries Ltd & Mafatlal Industries, reported in (2013) 358 ITR 295. 4.Both Counsel concede accordingly. In such circumstances, the Appeal is devoid of merits. It is dismissed. No costs. (A.A. SAYED, J.) (S.C.DHARMADHIKARI,J.)