AGK 1 itxa3661-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.3661 OF 2009 The Commissioner of Income Tax, Central – III, Mumbai ..Appellant. Versus M/s.Nitco Tiles Limited, Mumbai – 400 021 ..Respondent. Mr.P.S. Sahadevan with Ms.Padma Divakar for the appellant. Ms.Beena Pillai i/by Mr.Niraj Punmiya for the respondent. CORAM : Dr.D.Y. Chandrachud & J.P. Devadhar, JJ. DATE : 6 August 2010. P.C. : 1. This appeal has been preferred by the Revenue against the order of the Income Tax Appellate Tribunal dated 28 November 2008 for assessment year 2000-2001. The learned Counsel appearing on behalf of the Revenue states that there is a pure finding of fact by the Tribunal on the issue of suppression of sales. This is the only question raised by the Revenue in this appeal. 2. In view of the statement made on behalf of the Revenue, no substantial question of law would arise. The appeal is accordingly disposed of. There shall be no order as to costs. (J.P. Devadhar, J.) (Dr.D.Y. Chandrachud, J.)