1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. INCOME TAX APPEAL (LODG.) NO.333 OF 2010 The Commissioner of Income Tax-18 ..Appellant. Vs. M/s.Fortune Steel Industries ..Respondent. .... Mr. D.K.Kamwal for the Appellant. Ms. Vasanti B. Patel for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD & J.P.DEVADHAR, JJ. 29 June 2010. P.C. : 1. Three questions of law have been formulated by the Revenue in this Appeal under Section 260-A of the Income Tax Act, 1961. Counsel appearing on behalf of the Revenue and counsel appearing on behalf of the assessee are agreed that the first two questions would be governed in favour of the Revenue by the judgment of this Court delivered today in Commissioner of Income Tax v. Kalpataru Colours and Chemicals (ITA(L) 2887 of 2009). The appeal is accordingly disposed of in terms of the judgment of this 2 Court and the Assessing Officer is directed upon remand, to pass fresh orders having regard to the said judgment. 2. The third question, it is common ground between the learned counsel, is covered against the Revenue by the judgment dated 15 April 2009 of a Division Bench in Commissioner of Income Tax v. Bajaj Hindustan Limited (ITA 198 of 2009). The appeal is accordingly disposed of. There shall be no order as costs. (Dr. D.Y.Chandrachud, J.) (J.P. Devadhar, J.)