The Commissioner Of Income Tax v. M/S.nainraj Investment Pvt.ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.766 OF 2008 The Commissioner of Income Tax, Vs. M/s.Nainraj Investment Pvt.Ltd. ..Appellant ..Respondent Mr.Suresh Kumar for the Appellant.Mr.Jitendra Jain i/b. PDS Legal for the Respondent. CORAM :- DR.S.RADHAKRISHNAN &S.J.KATHAWALLA, JJ. DATE : 26TH AUGUST, 2008 P.C. 1.Heard the learned Counsel for the parties. By the above Appeal, the following two substantial questions of law were sought to be raised: 2.Perused the order dated 20th January,2006 categorically given a finding that they were of theconsidered opinion that the supplementary agreementcannot be held invalid and therefore, no addition on account of royalty can be sustained and hence the same was deleted. 3.In fact, both the aforesaid questions ariseout of the supplementary agreement which have beenheld to be valid and in fact even the original of thesupplementary agreement appears to have producedbefore the Assessing Officer. In view thereof, noadverse inference can be drawn, as the original supplementary agreement was produced before the Assessing Officer. 4.The above Appeal does not raise anysubstantial question of law. It is only a matter finding of fact, The Appeal is totally devoid of merits. Hence, the same stands dismissed. of (S.J.KATHAWALLA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)