:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL LODGING NO.2282 OF 2008 WITH INCOME TAX APPEAL LODGING NO.2283 OF 2008 WITH INCOME TAX APPEAL LODGING NO.2289 OF 2008 The Commissioner of Income Tax. ..Appellant. Vs. M/s. Forture Holdings Pvt. Ltd. ..Respondent. Mr. B.M.Chatterji with P.S.Sahadevan for the Appellant. Mr. A.K. Jasani for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATE : 17TH MARCH, 2009 PC : 1. Revenue is in appeal in terms of the questions formulated in Paras 5.1 and 5.2 of the appeal memos. The questions in these appeals are in respect of interpretation of the provisions of Explanation 3 to Section 271(c) of the Income Tax Act, 1961. This question was in issue before this court in the case of Commissioner Commissioner Commissioner of Income Tax, Central-II Vs. M/s. of Income Tax, Central-II Vs. M/s. of Income Tax, Central-II Vs. M/s. Growmore Growmore Growmore Research & Asset Management Ltd. Mumbai Research & Asset Management Ltd. Mumbai Research & Asset Management Ltd. Mumbai decided on 10.2.2009. We have taken a view that the said provision would not apply in respect of the assessee who has already filed returns but only applies to new assessee. Considering the above, there is no merit in the aforesaid appeals and the same are accordingly dismissed. (R.S. MOHITE, J.) (F.I. REBELLO, J.)