IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Income Tax Appeal No.08 of 2009 Director of Income Tax & another …….. Appellants Versus M/s B.G. Asia Pacific Holdings Ltd. ....….. Respondent Coram:- Hon’ble J.S. Khehar, Chief Justice Hon’ble Sudhanshu Dhulia, Judge Present: Mr. Arvind Vashistha, Advocate for the appellants. Date of Decision: 28.04.2010 J.S. Khehar, C.J. (Oral) Learned counsel for the appellants states, that the impugned order dated 08.08.2008 was rendered by the Income Tax Appellate Tribunal by relying on the judgment rendered by the Delhi High Court in Dr. Prannoy Roy and another versus Commissioner of Income Tax and another, (2002) 172 CTR 465. It is submitted, that the decision rendered by the Delhi High Court in the aforesaid case was assailed by the Revenue before the Apex Court and the appeal preferred by the revenue was dismissed on 17.09.2008. In this behalf, learned counsel for the appellants has invited the Court’s attention to the judgment rendered in Commissioner of Income Tax and another versus Pranoy Roy and another, 2009-(222)-CTR-6. In view of the above, the instant appeal is dismissed in view of the judgment rendered by the Supreme Court in Commissioner of Income Tax and another versus Pranoy Roy and another, 2009-(222)- CTR-6. ( Sudhanshu Dhulia, J. ) ( J.S. Khehar, C.J.) 28.04.2010 P.Singh