:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME INCOME INCOME TAX APPEAL NO.530 OF 2004 TAX APPEAL NO.530 OF 2004 TAX APPEAL NO.530 OF 2004 The Commissioner of Income Tax ..Appellant Vs. M/s.Indian Hume Pipe Co.Ltd. ..Respondents Mr.B.M.Chatterjee with Mrs.P.P.Bhosale i/b. Pankar Kapoor for the Appellant. Mr.S.J.Mehta i/b.S.P.Mehta for the Respondents. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & J.P.DEVADHAR,JJ. J.P.DEVADHAR,JJ. J.P.DEVADHAR,JJ. DATE DATE DATE : 27TH FEBRUARY,2007 : 27TH FEBRUARY,2007 : 27TH FEBRUARY,2007 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. In the above, two substantial questions have been raised, which read as under :- A. "Whether the income from divident and interest is to be treated as income from other sources and not as business income entitled for deduction under Section 32 AB ?" B. "Whether the expenditure on foreign travel to wife of a director who is not connected with the assessee’s business is not an expenditure whooly and exclusively for the purpose of business of the assessee entitled for deduction?" 2. As far as the first question is concerned, the Learned Counsel for the Revenue Mr.Chatterjee fairly states that the same is squarely covered against the Revenue in view of the judgment of the Hon’ble Supreme :2: Court in the case of Apollo Tyres Ltd. Vs. Apollo Tyres Ltd. Vs. Apollo Tyres Ltd. Vs. Commissioner Commissioner Commissioner of Income Tax, 255, ITR 273 of Income Tax, 255, ITR 273 of Income Tax, 255, ITR 273. 3. As far as the second question is concerned, paragraph No.20 of the impugned order of the Appellate Tribunal makes it clear that the Appeals filed by the Assessee have already been dismissed and the Revenue had succeeded before the Commissioner of Income Tax (Appeals). In view thereof, there is no substantial questions involved in the above. The Appeal stands dismissed. (J.P.DEVADHAR,J.) (J.P.DEVADHAR,J.) (J.P.DEVADHAR,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) xx