( 1 ) 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.1079 OF 2008 INCOME TAX APPEAL NO.1079 OF 2008 INCOME TAX APPEAL NO.1079 OF 2008 The CIT .. Appellant Vs. M/s.Tolani Bulk Carriers Ltd. .. Respondent Mr.N.Joshi with Mr.A.K.Jasani for the Appellant. Mr.B.M.Chatterji 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 : 5th September, 2008 DATE : 5th September, 2008 DATE : 5th September, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. In this Appeal the Appellant has sought to raise the following substantial question of law:- Whether on the facts and in the circumstances of the case, the Hon’ble Tribunal was right in law in holding that the shipping business is an Industrial Undertaking and in allowing deduction u/s.35D of the IT Act, 1961? 2. Perused the order passed by the Division Bench of this Court on 14th August, 2008 in Income Tax Appeal No.305 of 2008. For the same reasons as recorded in the aforesaid order dated 14th August, 2008 passed in Income Tax Appeal No.305 of 2008 we are not entertaining the present Appeal. Hence, the present Appeal also stands dismissed. (S.J.KATHAWALLA, J.) (DR.S.RADHAKRISHNAN,J.) (S.J.KATHAWALLA, J.) (DR.S.RADHAKRISHNAN,J.) (S.J.KATHAWALLA, J.) (DR.S.RADHAKRISHNAN,J.)