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 APPLICATION No.80/2002. TAX APPLICATION No.80/2002. TAX APPLICATION No.80/2002. The Commissioner of Income-tax Mumbai. ..Applicant. Vs. M/s. Better Value Leasing and Financing Pvt. Ltd. Respondent. Mr Ashok Kotangale, Advocate for Applicant. CORAM:DR.S. CORAM:DR.S. CORAM:DR.S. RADHAKRISHNAN RADHAKRISHNAN RADHAKRISHNAN AND AND AND V.C. DAGA,JJ. V.C. DAGA,JJ. V.C. DAGA,JJ. DATED:2nd DATED:2nd DATED:2nd April, 2007. April, 2007. April, 2007. P.C.:- P.C.:- P.C.:- 1. Heard learned counsel for the applicant. 2. The following question of law has been raised before the Tribunal:- "Whether on the facts and in the circumstances of the case the Tribunal was right in law in directing to allow investment allowance on the plant and machinery leased out.?" 3. The learned counsel for the applicant fairly accepts that the question raised in the appeal is covered in favour of the assessee and against the revenue in the case of CIT vs. CIT vs. CIT vs. Shah Shah Shah Finance (Pvt) Ltd, reported in 199 ITR Finance (Pvt) Ltd, reported in 199 ITR Finance (Pvt) Ltd, reported in 199 ITR 409. 409. 409. 4. In view of the aforesaid matter, we are not inclined to entertain the application. The application is dismissed. (V.C. (V.C. (V.C. DAGA,J.) DAGA,J.) DAGA,J.) (DR.S. (DR.S. (DR.S. RADHAKRISHNAN,J.) RADHAKRISHNAN,J.) RADHAKRISHNAN,J.)