=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION INCOME INCOME INCOME TAX TAX TAX APPEAL NO.541 OF 2008 APPEAL NO.541 OF 2008 APPEAL NO.541 OF 2008 The Commissioner of Income Tax, Central II, Aayakar Bhavan, Mumbai 40 ...Appellant v/s M/s Siltap Chemicals Ltd., Nariman Point, Mumbai 400 021 ...Respondents Mr Suresh Kumar for Appellant. Mr Damodar i/b M/s Kanga and Co. for Respondents. CORAM CORAM CORAM : D.K. DESHMUKH AND J.P. DEVADHAR JJ. : D.K. DESHMUKH AND J.P. DEVADHAR JJ. : D.K. DESHMUKH AND J.P. DEVADHAR JJ. DATE DATE DATE : 30TH SEPTEMBER 2008 30TH SEPTEMBER 2008 30TH SEPTEMBER 2008 =2= P.C.- 1. In this appeal, the revenue has raised as many as four questions. As regards question No.2 is concerned, the learned counsel for both the sides agree that the issue is covered by the decision of the Apex Court in the case of Bharat Earth Movers v/s Commissioner of Income Tax, reported in 245 ITR 428 against the revenue. Similarly, the learned counsel for both the sides agree that the question No.3 is covered by the judgment of this Court in the case of CIT v/s Badridas Gauridu (P) Ltd., reported in 261 ITR 256 against the revenue. As regards question No.4 is concerned, the learned counsel for both the sides agree that the issue is covered by the decision of this Court in the case of CIT v/s Tata Chemicals Ltd., reported in 256 ITR 395 against the revenue. as regards question No.1 is concerned, the Tribunal has rejected the appeal filed by the revenue by relying upon the decision of the Tribunal in the case of J.M. Shares and Stock Brokers Ltd. v/s Deputy Commissioner of Income Tax, reported in (2004) 83 TTJ 1052. The learned counsel appearing for revenue is unable to point out whether the decision has been challenged by the revenue by filing appeal before this Court. In this view of the matter, none of the =3= questions raised by the revenue deserve consideration. Appeal is dismissed. . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of the Court. . Certified copy is expedited. ( D.K. DESHMUKH J.) ( J.P. DEVADHAR J.)