1 itxa4036-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.4036 OF 2010 The Director of Income Tax (International Taxation) ..Appellant. Versus Boskalis International Dredging International Ltd., ..Respondent. Mr.Suresh Kumar for the appellant. Mr.Jas Sanghvi i/by PDS Legal for the respondent. CORAM : J.P. Devadhar & K.K. Tated, JJ. DATE : 18th August, 2011. P.C. : 1. Whether the Income Tax Appellate Tribunal was justified in holding that the payments made by the assessee towards hire charges are reasonable and accordingly provisions of Section 40A(2)(b) are not applicable to the transaction is the question raised in this appeal. 2. The Income Tax Appellate Tribunal in para-5 of its order has recorded a finding of fact that the very same transaction in question continued for assessment year 2002-03, wherein the Transfer Pricing Officer has considered that the payments made by the assessee are reasonable. 3. In these circumstances, we see no reason to entertain this appeal. The appeal is accordingly dismissed with no order as to costs. (K.K. Tated, J.) (J.P. Devadhar, J.)