The Commissioner Of Income Tax v. The Tata Hydro Electric Power Supply Co. Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPLICATION NO.398 OF 1999 The Commissioner of Income Tax Vs.The Tata Hydro Electric PowerSupply Co. Ltd. ..Applicant ..Respondent Mr.Ashok Kotangale, A.G.P. for the Applicant.Mr.P.C.Tripathi for the Respondent. P.C. CORAM :- DR.S.RADHAKRISHNAN &V.C.DAGA, JJ.DATE : 20TH MARCH, 2007 1.Heard the learned Counsel for the parties.The above Application pertains to the Assessment Year1986-1987 seeking to raise the following twosubstantial questions of law: 1."Whether on the facts and in thecircumstances of the case and in law, theHon’ble ITAT was right in deleting thedisallowance made on account of Ash Disposalexpenses."2."Whether on the facts and in thecircumstances of the case and in law, theHon’ble ITAT was right in deleting thedisallowance made under Section 37(4) of theIncome Tax Act on account of Guest Houseexpenses ?" By consent of both the parties, the above Application is treated as statement of the case. 3.Both the learned Counsel for the parties Tax and Another (2005) 278 ITR 546 (SC) Accordingly, the Reference stands disposed of. (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.)