1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.760 OF 2009 The Commissioner of Income Tax ..Appellant. V/s. M/s. Bajaj Hindustan Ltd. ..Respondent. Mr.P.S.Sahadevan for appellant. Ms.Vasanti Patel for respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 12TH JUNE, 2009. P.C. :- 1. Heard learned counsel for the parties. Both the parties agree that the issue sought to be raised in the above appeal is covered by two judgments of the Supreme Court, one in the case of Malayala Manorama Co. Ltd. V/s. C.I.T. reported in [2008] 300 I.T.R. 252 (SC) and another in the case of Apollo Tyres Ltd. V/s. C.I.T. reported in [2002] 255 I.T.R. 273. In this view of the matter, the appeal is dismissed is limini with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)