IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.404 OF 2001 INCOME TAX APPEAL NO.404 OF 2001 INCOME TAX APPEAL NO.404 OF 2001 The Commissioner of Income Tax .. Appellant Vs. M/s.Birla Yamaha Ltd. .. Respondent Mr.Vimal Gupta for the Appellant. Ms.A.Vissanji with Mr.S.J.Mehta for the Respondent. CORAM :- DR.S.RADHAKRISHNAN & CORAM :- DR.S.RADHAKRISHNAN & CORAM :- DR.S.RADHAKRISHNAN & S.J.KATHAWALLA, JJ. S.J.KATHAWALLA, JJ. S.J.KATHAWALLA, JJ. DATE : 13th August, 2008 DATE : 13th August, 2008 DATE : 13th August, 2008 P.C. P.C. P.C. 1. This Appeal has already been admitted by this Court on 20.04.2004 on two substantial questions of law mentioned in the said order. So far as the first question of law is concerned, the learned Counsel for both the parties state that the same is covered against the Assessee and in favour of the Revenue in view of the judgment of the Hon’ble Supreme Court in the case of Britannia Industries Ltd.V/s.CIT - 278 ITR 546. Britannia Industries Ltd.V/s.CIT - 278 ITR 546. Britannia Industries Ltd.V/s.CIT - 278 ITR 546. Hence, the said first question of law is answered against the Assessee and in favour of the Revenue. 2. So far as the second question of law is concerned, the learned Counsel for both the parties state that the same is covered in favour of the Assessee and against the Revenue in view of the judgment of this Court in the case of Padamjee Pulp & Paper Mils Ltd.V/s.CIT - 210 ITR Padamjee Pulp & Paper Mils Ltd.V/s.CIT - 210 ITR Padamjee Pulp & Paper Mils Ltd.V/s.CIT - 210 ITR 97 97 97. Hence, the second question of law is answered in favour of the Assessee and against the Revenue. Appeal stands disposed of. (S.J.KATHAWALLA, J.) (DR.S.RADHAKRISHNAN,J.) (S.J.KATHAWALLA, J.) (DR.S.RADHAKRISHNAN,J.) (S.J.KATHAWALLA, J.) (DR.S.RADHAKRISHNAN,J.)