1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.1818 OF 2009 AND INCOME TAX APPEAL (L) NO.1819 OF 2009 The Commissioner of Income Tax ..Appellant. V/s. M/s. Unique Stockbro Pvt. Ltd. ..Respondent. Mr. Vimal Gupta for appellant. None for respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 11TH SEPTEMBER, 2009. P.C. :- 1. Heard learned counsel for the revenue. In spite of service, nobody is present on behalf of respondent. Both the appeals are ad mitted on the following substantial question of law:- " Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in holding that the depreciation u/s.32 of the Income Tax Act is allowable on the membership card of the stock exchange ? " 3. Having heard counsel for the revenue, both the appeals are allowed for the reasons recorded in the Division Bench judgment of this Court in Income Tax Appeal (L) No.971 of 2006 [CIT V/s. M/s. Techno Shares & Stocks Ltd. (with other matters) decided on 11th September, 2009 since t he question sought to be raised relates to the depreciation with regard to BSE membership card. The question is answered in favour of the revenue and against the assessee. No order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)