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.533 OF 2003 INCOME TAX APPEAL NO.533 OF 2003 INCOME TAX APPEAL NO.533 OF 2003 The CIT .. Appellant Vs. M/s.Wockhardt Ltd. .. Respondent Mr.P.S.Sahadevan for the Appellant. Dr.K.Shivram with Mr.A.K.Jasani for Respondent. CORAM :- DR.S.RADHAKRISHNAN & CORAM :- DR.S.RADHAKRISHNAN & CORAM :- DR.S.RADHAKRISHNAN & S.J.KATHAWALLA, JJ. S.J.KATHAWALLA, JJ. S.J.KATHAWALLA, JJ. DATE : 28th August, 2008 DATE : 28th August, 2008 DATE : 28th August, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. This Appeal has already been admitted on 19.10.2004 on the only one substantial question of law mentioned in the said order. Dr.Shivram, the learned Counsel for the Respondent has brought to our notice that the similar question of law, as is raised in this Appeal, has already been decided by this Court in favour of the Assessee and against the Revenue, in the Assessee’s own case viz.ITXA (L) No.70 of 2003 - CIT V/s.Wockhardt ITXA (L) No.70 of 2003 - CIT V/s.Wockhardt ITXA (L) No.70 of 2003 - CIT V/s.Wockhardt Limited Limited Limited, by an order dated 5.12.2005. Hence, for the same reasons as recorded in the aforesaid order dated 5.12.2005, the question of law raised in this Appeal is also answered in favour of the Assessee and against the Revenue. Appeal stands dismissed. (S.J.KATHAWALLA, J.) (DR.S.RADHAKRISHNAN,J.) (S.J.KATHAWALLA, J.) (DR.S.RADHAKRISHNAN,J.) (S.J.KATHAWALLA, J.) (DR.S.RADHAKRISHNAN,J.)