1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2932 OF 2010 IN INCOME TAX APPEAL NO.5175 OF 2010 Director of Income Tax (International Taxation)-II..... Appellants V/s. Kaiser Aluminium Technical Services Inc. ..... Respondents ---- Mr.Suresh Kumar for the appellants. None for the respondents. ---- CORAM : J.P.DEVADHAR & MRS.MRIDULA BHATKAR, JJ. DATE : 21/2/ 2011 P.C. 1 Heard. None for the respondents though served. 2 Mr. Suresh Kumar learned Counsel for the appellants undertakes to file affidavit of service within one week from today. 3 For the reasons stated in the affidavit in support of the Notice of Motion, the delay is condoned. Notice of Motion is made absolute in terms of prayer clause-(a). (MRS.MRIDULA BHATKAR,J) (J.P.DEVADHAR,J) 2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.5175 OF 2010 Director of Income Tax (International Taxation)-II..... Appellants V/s. Kaiser Aluminium Technical Services Inc. ..... Respondents ---- Mr.Suresh Kumar for the appellants. None for the respondents. ---- CORAM : J.P.DEVADHAR & MRS.MRIDULA BHATKAR, JJ. DATE : 21/2/ 2011 P.C. 1 Not on board. Mentioned. Taken up for admission. 2 Counsel for the Revenue states that the question raised in this appeal is covered against the Revenue by the decision of this Court in the case of Director of Income Tax (International Taxation) Vs. NGC Network Asia LLC reported in 313 ITR 187. 3 In this view of the matter, appeal is dismissed. (MRS.MRIDULA BHATKAR,J) (J.P.DEVADHAR,J)