The Commissioner Of Income Tax v. M/S.otis Elevator

bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1685 OF 2009 The Commissioner of Income Tax Vs. M/s.OTIS Elevator ..Appellant ..Respondent Mr.P.S.Sahadevan for appellant. Mr.Firoze Andhyarujina, Senior Advocate, with Mr.B.G.Yewale for respondent. CORAM :- V.C.DAGA & J.P.DEVADHAR,JJ. DATE : 17TH SEPTEMBER, 2009 P.C. 1.Heard learned Counsel for the parties. 2.So far as first question is concerned, the Tribunal has recorded a finding of fact in the following words: 6.Having heard both the parties and having considered the material on record, we find that the Tribunal in the assessee’s own case for A.Y.1989-90 to A.Y.1993-94 and A.Y.1995-96 to 1996-97 has held that the system of accounting employed by the assessee consistently since decades cannot be rejected and this view was followed for subsequent A.Y.1997-98 to 1999-2000, 2000-2001. Respectfully following the decision of the co-ordinate Bench this ground of appeal of the assessee is allowed. 3. So far as second question is concerned, the Tribunal has relied upon the Apex Court judgment in the case of Bharat Earth Movers Vs. CIT 245 ITR 428. The learned Counsel for the Revenue could not distinguish the said judgment. In this view of the matter, the appeal is without any substance. Hence, the same stands dismissed with no order as to costs. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)