IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 54 OF 2002 Bombay Mercantile Coop. Bank Ltd. ..Appellant vs. Deputy Commissioner of Income Tax Special Range-29 ..Respondent Ms.Asifa Khan i/b Mr.S.M.Lal for appellant. Mr.P.S.Sahadevan 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. 21st 21st 21st July 2008 July 2008 July 2008 P.C. P.C. P.C. 1. Heard the learned Counsel appearing for the appellant and respondents. The present appeal was admitted on the following substantial question of law. "Whether, on the facts and in the circumstances of the case and in law, the Tribunal erred in holding that the applicant’s income by way of comission on account of electricity bills and on account of miscellaneous sales, was not eligible for deduction under section 80P(2)(a)(i) of the Act?" 2. Both the learned Counsel categorically state that with regard to assessee’s own case similar question of law has been decided by this Court in Income Tax Reference No.19 of 2000 decided on 17th July, 2003 in the case of Bombay Mercantile Coop. Bank Ltd. Vs. Commissioner of Income Tax wherein this Court has answered the question in favour of the assessee and against the revenue. In view thereof for the same reasons in the present appeal also the question is answered in favour of the assessee and against the revenue. In view thereof the income tax reference is disposed of. (S.J (S.J (S.J.KATHAWALLA J.) (Dr.S.RADHAKRISHNAN J.) KATHAWALLA J.) (Dr.S.RADHAKRISHNAN J.) KATHAWALLA J.) (Dr.S.RADHAKRISHNAN J.)