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. 77 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 the Respondent. 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. . Revenue is in appeal on two questions. In so far as question (a) is concerned, the tribunal has followed the judgment of the Supreme Court in C.I.T. Vs. Indo Nippon 261 ITR 275. Considering the same, in our opinion, the question of law as framed would not arise. . In so far as question (b) is concerned, the tribunal has followed the judgment of Gujarat High Court in C.I.T. Vs. Core Healthcare Ltd. 251 ITR 61 (Guj). Revenue had taken up the matter in appeal before the Supreme Court. The learned Supreme Court dismissed the appeal preferred by the Revenue on that count. The Judgment in CIT Vs. Core Health Care Ltd. (2008) 298 ITR 194 (SC) has been followed by the Supreme Court in CIT Vs. Arvind Polycot Ltd. (2008) 299 ITR 12 SC. For the aforesaid reasons, the question of law would not arise. Consequently appeal dismissed.