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 ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL No. 849 OF 2008. INCOME TAX APPEAL No. 849 OF 2008. INCOME TAX APPEAL No. 849 OF 2008. Income-tax Commissioner .. .. Appellant. Vs. M/s M. Visvesvaraya Industrial Research & Development Centre.. ..Respondent. Mr R. A. Vaishampayan, Advocate for the Appellant. Mr F. B. Andhyarijina with Ms Rajni Devkar i/b Little & Co. Advocates for the Respondent. CORAM: Dr.S. RADHAKRISHNAN CORAM: Dr.S. RADHAKRISHNAN CORAM: Dr.S. RADHAKRISHNAN AND V.C.DAGA, JJ. AND V.C.DAGA, JJ. AND V.C.DAGA, JJ. DATED: 20th OCTOBER, 2008. DATED: 20th OCTOBER, 2008. DATED: 20th OCTOBER, 2008. P.C.: P.C.: P.C.: ---- ---- ---- 1. Heard the learned counsel for the appellant and the learned counsel for the respondent. 2. In the above appeal, the appellant raise two following questions of law: 1. Whether in the facts and circumstances of the case and in law, the Tribunal is right in deleting the addition of Rs. 15,05,840/- on account of disallowance of expenses of prior period adjustments which were made on the basis of cash basis accounting system, when the respondent admittedly following the mercantile system of accounting? 2. Whether in the facts and circumstances of the case and in law, the Tribunal is right in law holding that the Respondent was assessable in the status of the company when admitted as Association of persons in the return of income? 3. We have perused the order of the Tribunal dated 20.9.2005. The Tribunal has disposed of the Appeal solely relying upon the same order relating to assessment year 1995-96 with regard to both the aforesaid questions of law. Mr Vaishayampayan very candidly states that the appeal filed by the Revenue with regard to the assessment year 1995-96 of the I.T.A.T. has already been dismissed by this Court. 4. We do not find any case made out for admission of the above appeal. Appeal is, therefore, dismissed. (V.C. DAGA,J) (V.C. DAGA,J) (V.C. DAGA,J) (DR S. RADHAKRISHNAN,J) (DR S. RADHAKRISHNAN,J) (DR S. RADHAKRISHNAN,J)