1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2326 OF 2009 The Commissioner of Income Tax ..Appellant. V/s. Kiran L. Agrawal ..Respondent. Mr. Suresh Kumar i/b. A.S. Shivsharan for appellant. Mr. N.M. Porwal for respondent. CORAM : DR. D.Y.CHANDRACHUD AND J.P.DEVADHAR, JJ. DATED : 5TH JANUARY, 2010 P.C. :- Learned counsel appearing on behalf of the revenue and learned counsel for the respondents agree in stating that the issue which arises in the appeal is covered against the revenue by the judgment of the Division Bench of this Court dated 8th August, 2008 in Commissioner of Income Tax, City II V/s. Laxminarayan S. Agarwal in Income Tax Appeal No. 427 of 2005. The Income Tax Appellate Tribunal has followed the judgment of the Division Bench of this Court. No substantial question of law arises. The appeal is accordingly dismissed with no order as to costs. (J.P.DEVADHAR, J.) (DR. D.Y.CHANDRACHUD, J.)