1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION INCOME INCOME INCOME TAX TAX TAX APPEAL NO.85 of 2005 APPEAL NO.85 of 2005 APPEAL NO.85 of 2005 The The The Commissioner Commissioner Commissioner of Income Tax of Income Tax of Income Tax 13 13 13 Mumbai Mumbai Mumbai ...... Appellant Appellant Appellant vs vs vs Jaysing Jaysing Jaysing V.Mariwala V.Mariwala V.Mariwala ...... Respondent Respondent Respondent Mr.A.S.Rao Mr.A.S.Rao Mr.A.S.Rao for Appellant for Appellant for Appellant Mr.A.K.Jesani Mr.A.K.Jesani Mr.A.K.Jesani for for for Respondent Respondent Respondent CORAM CORAM CORAM : : : F.I.REBELLO AND F.I.REBELLO AND F.I.REBELLO AND R.S.MOHITE, R.S.MOHITE, R.S.MOHITE, JJ JJ JJ DATED DATED DATED : 4TH DECEMBER, 2007 : 4TH DECEMBER, 2007 : 4TH DECEMBER, 2007 P.C. P.C. P.C. 1.1.1. Question No. (B) as framed does not arise from Question No. (B) as framed does not arise from Question No. (B) as framed does not arise from the the the order of the tribunal. In so far as Question order of the tribunal. In so far as Question order of the tribunal. In so far as Question No. No. No. (a) is concerned there are two concurrent (a) is concerned there are two concurrent (a) is concerned there are two concurrent findings findings findings of facts in favour of the assessee. No of facts in favour of the assessee. No of facts in favour of the assessee. No question question question of law as framed would arise. In view of of law as framed would arise. In view of of law as framed would arise. In view of Question Question Question No.(A) Question No. (C) will not arise. No.(A) Question No. (C) will not arise. No.(A) Question No. (C) will not arise. Consequently, Consequently, Consequently, there is no merit in this appeal. It there is no merit in this appeal. It there is no merit in this appeal. It isisis accordingly dismissed. accordingly dismissed. accordingly dismissed. (F.I.Rebello, (F.I.Rebello, (F.I.Rebello, J) J) J) (R.S.Mohite, (R.S.Mohite, (R.S.Mohite, J) J) J) 2