1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1225 OF 2008 The Commissioner of Income Tax ..Appellant. V/s. M/s. Jay Bhawani Construction Co. ..Respondent. Mr. Suresh Kumar for appellant. Mr. Ajay Singh with P.S. Savla for respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 23RD SEPTEMBER, 2009. P.C. :- 1. Heard learned counsel for the revenue and the respondent. The appeal was admitted on 30/01/2009 on the following substantial question of law:- " Whether on the facts and in the circumstances of the case and in law, the Hon'ble ITAT has erred in deleting the levy of surcharge without appreciating the fact that the proviso to sec. 113 is mere procedural and applicability of the same is retrospective and not prospective. Hence, levy of surcharge is permissible in respect of tax determined on block assessment made prior to 1/6/2007 ? " 2. The issue sought to be raised in the appeal is covered by the judgment of the Apex Court in the case of CIT V/s. Suresh N. Gupta reported in (2008) 297 ITR 322 (SC) in favour of the revenue and against the assessee. In this view of the matter, the appeal is disposed of accordingly with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)