hvn 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. 94 OF 2009 The Commissioner of Income Tax ... App The Commissioner of Income Tax ... App The Commissioner of Income Tax ... Appellant Versus M/s. Deepak Fertilizers & Petro- Chemicals Corporation Ltd. ... Respondent Mr.P.S. Sahadevan for the Appellant. Mr. B.V. Jhaveri with Ms. Priti Shukla for Respondents. CORAM: F.I. REBELLO, & CORAM: F.I. REBELLO, & CORAM: F.I. REBELLO, & R.S. MOHITE, JJ. R.S. MOHITE, JJ. R.S. MOHITE, JJ. DATED: FEBRUARY 11, 2009 DATED: FEBRUARY 11, 2009 DATED: FEBRUARY 11, 2009 P.C. P.C. P.C. . The Revenue has preferred this appeal on the following question of law: "Whether on the facts and in the circumstances of the case the Tribunal was right in law in confirming the order of the Ld. CIT(A) in directing to treat forfeited debenture application money of Rs.37.22 lac. as capital receipt not chargeable to tax, ignoring the decision of the Hon’ble Supreme Court in the case of T.V. Sundaram Iyengar & Sons Ltd.?" . The said question has been covered by the judgment of this court in Mahindra and Mahindra Ltd. Vs. Commissioner of Income Tax, 261 ITR 501. In the light of the above, question as framed would not arise and we find no reason to differ with the Coordinate Bench decision of this court. Appeal accordingly dismissed. (R.S. MOHITE, J.) (R.S. MOHITE, J.) (R.S. MOHITE, J.) (F.I. REBELLO,J.) (F.I. REBELLO,J.) (F.I. REBELLO,J.)