IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1367 OF 2007 The Commissioner of Income Tax ..Appellant V/s. M/s. A.M. Ferguson & Co. ..Respondent Mr. Ram Upadhyay for Appellant Mr. Paras Kaka i/by Crowford Baylay & Co. for Respondent CORAM CORAM CORAM : F.I. REBELLO & : F.I. REBELLO & : F.I. REBELLO & R.S. R.S. R.S. MOHITE, JJ MOHITE, JJ MOHITE, JJ DATED DATED DATED : 7TH JANUARY, 2009 : 7TH JANUARY, 2009 : 7TH JANUARY, 2009. P.C. : 1. From paragraph 11, it is clear that the tax incidence is less than 4 lakhs. In the light of the same, CBDT circular would apply. 2. On behalf of appellant, learned Counsel on instructions states that the issue is not of recuring nature. Considering the above and as the CBDT circular would apply, Appeal is dismissed. ( R.S. MOHITE,J.) R.S. MOHITE,J.) R.S. MOHITE,J.) ( F.I. REBELLO,J) F.I. REBELLO,J) F.I. REBELLO,J)