1 itxa4178-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.4178 OF 2009 The Commissioner of Income Tax-2 ..Appellant. V/s. M/s. Bombay Dyeing & Mfg. Co. Ltd. ..Respondent. Mr. Suresh Kumar for appellant. None for respondent. CORAM : J.P. DEVADHAR AND MRS. MRIDULA BHATKAR, JJ. DATED : 1ST FEBRUARY, 2011 P.C. :- 1. The only question raised by the revenue in the appeal is that:- "Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in holding that the transaction of lease rent for taking boiler on lease was a genuine transaction ? " 2. On perusal of the order of the Tribunal, we find that the decision is based on finding of fact and no substantial question of law arises from the order of the Tribunal. Hence the appeal is dismissed with no order as to costs. (MRS. MRIDULA BHATKAR, J.) (J.P. DEVADHAR, J.)