The Director Of Income Tax( It v. M/S. Staubli A.g.india Branch Office

ASN IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.875 OF 2011 The Director of Income Tax( IT). V. M/s. Staubli A.G.India Branch office. ..Appellant. ..Respondent. Mr. Suresh Kumar for the Appellant. Mr. K.Gopal along with Mr. Jitendra Singh for the Respondent. CORAM : S.J.VAZIFDAR & M.S. SANKLECHA, JJ. DATE : -1[st] August, 2012 PC: In this appeal under Section 260A of the Income Tax Act (“the Act”) the revenue has challenged an order dated 5/4/2010 of the Income Tax Appellate Tribunal (“ITAT”) relating to the assessment year 2003-04 by formulating the following question of law for consideration of this court. a)Whether on the facts and circumstances of the case and in law the ITAT was correct in law in confirming the order of CIT(A) directing the Assessing Officer to delete the addition of Rs.41.74 lacs made by Assessing officer by estimating the commission income @ 10%? This appeal raises an identical question of law as was raised by the revenue in Income Tax Appeal No.896 of 2011 relating to the assessment year 2001-02. We have today by an order dated 1[st ]August, 2012 dismissed the revenue's appeal. The present appeal is from a common order of the Tribunal dated 5/4/2010 dealing with the assessment years 2001-02 and 2003-04. 3)Therefore, for the reasons recorded in our order dated 1[st ]August, 2012 in Income Tax Appeal No.876 of 2011, the present appeal is also liable to be dismissed as the question as framed does not raise any substantial question of law. 4)The appeal is dismissed. No order as to costs. ( M.S. SANKLECHA, J. ) ( S. J. VAZIFDAR, J.)