-1_ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.439 OF 2002 M/s. Sabara Impex Limited : Petitioner v/s Assistant Commissioner of Income Tax, Circle-1(3),Mumbai & anr. : Respondent Mr. S.P. Kanuga i/b Ms. Sapna Math for Appellant Mr. Vimal Gupta i/b Mr. P.S. Sahadevan for for respondent Coram : Dr. S. Radhakrishnan S.J. Kathawalla, JJ. Date : 1.9.2008 P.C. . Heard learned counsel for the appellant and the learned counsel for the respondent. Learned counsel for the appellant and the respondent categorically state that both the questions of law raised in the above appeal are squarely covered against the revenue and in favour of the assessee by the judgment of this court in the case of Commissioner of Income Tax vs Kwality Biscuits Ltd. reported in 284 ITR page 434 (SC). In view thereof the appeal is allowed accordingly and both the questions are answered in favour of the assessee and against the revenue. (S.J. Kathawalla,J.) (Dr. S.Radhakrishnan,J.)