1 12 itxal 671.07.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION K INCOME TAX APPEAL (L) NO.671 OF 2007 The Commissioner of Income Tax-V .. Appellant Vs. Kinetic Motor Co. Ltd. .. Respondent. Mr. Vimal Gupta for the Appellant. Mr. S.N.Inamdar with Mr. Mihir Naniwadekar for the Respondent. CORAM : J.P. DEVADHAR & K.K. TATED, JJ. DATE : 21ST SEPTEMBER, 2011. P.C. 1 There are three substantial questions of law raised by the Revenue in this Appeal. 2 As regards the first question is concerned, counsel for the parties state that the similar question was raised by the Revenue in the Assessee’s own case being Income Tax Appeal (Lodging) No.1169 of 2006 (The Commissioner of Income Tax – V, Pune – 411 044 vs. Kinetic Motors Co. Ltd. Pune – 411 012) and the same has been rejected by this court on 8th February, 2011. Hence, the first question raised by the Revenue cannot be entertained. 2 12 itxal 671.07.doc 3 As regards the second question is concerned, counsel for the parties state that similar question raised by the Revenue in the Assessee’s own case being Income Tax Appeal No.1240 of 2000 has been rejected on 2nd May, 2009. Hence, the second question cannot be entertained. 4 As regards the third question is concerned, counsel for the parties state that the said question stands answered against the Revenue by the decision of the Apex Court in the case of CIT vs. Laxmi Machine Works reported in 290 ITR 663. Hence, the third question cannot be entertained. 5 Accordingly, the present Appeal is disposed of with no order as to costs. (J.P. DEVADHAR, J.) (K.K. TATED, J.)