itxa 352.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION I.T.X.A.352/2009 The Commissioner of Income Tax-3 APPELLANT VS. M/s Industrial Solvents & Chemicals Ltd. RESPONDENT Mr.Vimal Gupta for Appellant Mr.N. Joshi a/w Mr.A.K.Jasani for Respondent CORAM- J.P.DEVADHAR ,AND MRS.MRIDULA BHATKAR,JJ. DATE -14TH FEBRUARY,2011 P.C. . Heard. 2 The only question raised in the appeal is whether the lease rentals paid by the assessee Company to a non-resident company without deducting the tax at source and without obtaining the no- objection certificate as required u/s 195 of the Income Tax Act, 1961 could not be disallowed u/s 40(a)(i) of the Income Tax Act, 1961 ? 3 Perusal of the order of the ITAT shows that the Tribunal has confirmed the order passed by the CIT(Appeals) by following its decision in the case of the assessee for the assessment year 1997-98 . Neither the revenue has filed any itxa 352.09 2 appeal against the order passed by the ITAT in the earlier year nor any case is made for disturbing the decision of the Tribunal. In these circumstances we see no reason to entertain the appeal. Hence the appeal is dismissed. No costs. (Mrs.Mridula Bhatkar,J.) (J.P.Devadhar,J.)