The Commissioner Of Income Tax v. M/S.dhana Singh Estate Pvt. Ltd

1 bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.1268 OF 2010 The Commissioner of Income Tax Vs. M/s.Dhana Singh Estate Pvt. Ltd. ..Appellant ..Respondent Mr.Suresh Kumar for appellant.Mr.Sashi Tulsiyan a/w. Ms.Sutapa Saha for respondent. P.C. CORAM :- V.C.DAGA & R.M.SAVANT,JJ. DATE :- 23RD AUGUST,2010 Heard. Perused appeal. 2.So far as first two questions said to be substantial questions of law engrafted in point 5.1 and 5.2 are concerned, the Tribunal has recorded finding of fact in para 8 and 12 of its order. In this view of the matter, the said two questions can hardly be said to be substantial questions of law. The findings of facts recorded by the Tribunal were examined based on the material evidence available on record. The view taken by the Tribunal is a reasonable and possible view. 3.So far as question Nos. 5.3 to 5.7 are concerned, learned Counsel for both the parties agree that these issues are squarely covered by the judgment of this Court in the case of The Commissioner of Income Tax Vs. KalpataruColours and Chemicals in ITXA (L) 2887 OF 2009 decided on 28/29 June,2010(unreported). Under these circumstances, this appeal is disposed of on the 2 request of learned Counsel appearing for the parties with direction to Assessing Officer to dispose of the proceeding in accordance with law with regard to question Nos.5.3 to 5.7 following the law laid down by this Court in the case of Kalpataru Colours and Chemicals (supra) and to pass a reasoned order following principles of natural justice. All rival contentions relating to these questions are kept open. Appeal stands disposed of in terms of this order with no order as to costs. (R.M.SAVANT,J.) (V.C.DAGA,J.)