The Commissioner Of Income Tax v. M/S. Videocon Appliances Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 26 OF 2008 The Commissioner of Income Tax ... Appellant Versus M/s. Videocon Appliances Ltd. ... Respondent Mr. B.M.Chatterjee with Mrs.Poonam Bhosale for the Appellant. Mr. F.V. Irani with Ms. Neeta Rajda i/by DSR Associates for Respondents. CORAM: F.I.REBELLO&K.U.CHANDIWAL,JJ.DATED: JULY 02, 2008 CORAM: F.I. K.U.CHANDIWAL,JJ. DATED: JULY 02, 2008 P.C. P.C. . This appeal arises out of the common order of I.T.A.T. dated 12.8.2005. In this appeal we are concerned with the Assessment year 1996-97. . The question of law is as framed in Para 6(a) of the appeal memo. . The learned C.I.T. (Appeal) has followed his orders passed in the previous orders on similar issues. The ITAT has decided the controversy and followed its order in the cases for the Assessment year 1994-95. The order of ITAT shows that he has considered the judgment of the Supreme Court in C.I.T. Vs. Indo Nippon Chemicals Co. Ltd. 261 ITR 275. . It is submitted on behalf of the appellant by the learned counsel that Section 43(b) requires only payment. On behalf of the assessee, the learned counsel draws our attention to the order of the Assessing Officer and to the following observations: "The company deposits cash in the PLA Account as and when required. The company has credit of Rs.5,40,010/- outstanding as on 31.3.96 in the PLA Account maintained with the Central Excise....." . In our opinion, the findings given by the I.T.A.T. and C.I.T.(Appeal) are purely findings of fact. The question of law would not arise. Consequently, appeal is dismissed. (K.U.CHANDIWAL, J.) (K.U.CHANDIWAL, J.)(F.I.REBELLO, J.) (K.U.CHANDIWAL, J.) (F.I.REBELLO, J.)