1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.2341 OF 2008 The Commissioner of Income Tax ..Appellant. V/s. M/s.Cinvesta Communication Ltd. ..Respondent. Mr.Vimal Gupta for appellant. None for respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 30TH JUNE, 2009. P.C. :- 1. Heard learned counsel for the revenue. Office objections are overruled. Registry is directed to register the appeal. 2. Learned counsel for the revenue fairly states that the issue sought to be raised in the appeal is covered by the Division Bench judgment of this Court in the case of CIT V/s. Walfort Share and Stock Brokers P. Ltd. reported in [2009] 310 I.T.R. 421. 3. So far as the first question is concerned, deleting the expenses incurred on the production of non telecast serial is not in dispute. Under this 2 circumstances, no fault can be found on the view taken by the Tribunal. Even though the suit is filed by assessee for recovery of the amount if it succeeds, in that particular year appropriate relief can be claimed at that time. In this view of the matter, no substantial question of law arise in this appeal. The appeal is, therefore, dismissed in limini with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)