The Commissioner Of Income Tax v. M/S.mukta Arts P.ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1571 OF 2007 INCOME TAX APPEAL NO.1571 OF 2007 The Commissioner of Income Tax .. Appellant Vs. M/s.Mukta Arts P.Ltd. .. Respondent Mr.B.M.Chatterjee with Mr.P.S.Sahadevan for Appellant. Mr.K.Shivram for the Respondent. CORAM :- DR.S.RADHAKRISHNAN & S.J.KATHAWALLA, JJ. CORAM :- DR.S.RADHAKRISHNAN & S.J.KATHAWALLA, JJ. DATE : 22nd July, 2008 DATE : 22nd July, 2008 P.C. P.C. 1. Heard the learned Counsel for the parties. By this Appeal, the Appellant is seeking to raise the following question of law:- "Whether on the facts and in the circumstances of the case the Hon’ble Tribunal is right in law in holding that the export of prints of films tantamount in Section 80HHC (1) of the Act? 2. The learned Counsel for the Respondent has pointed out that, as mentioned in paragraph No.2 of the impugned order passed by the Income Tax Appellate Tribunal dated 20.4.2007, the question of law raised in this Appeal is squarely covered against the Revenue and in favour of the Assessee in view of the judgment of this Court in the case of Abdul Gafar A.Nadiadwala V/s.Assistant Abdul Gafar A.Nadiadwala V/s.Assistant Commissioner of Income Tax - 267 ITR 488. Commissioner of Income Tax - 267 ITR 488. Even the learned Counsel for the Appellant does not dispute the same. 3. Hence, we are not inclined to entertain this Appeal. Appeal stands dismissed. (S.J.KATHAWALLA, J.) (DR.S.RADHAKRISHNAN,J.) (S.J.KATHAWALLA, J.) (DR.S.RADHAKRISHNAN,J.)