1 117 itxa 137.05.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION K INCOME TAX APPEAL NO. 137 OF 2005 The Commissioner of Income Tax-3, .. Appellant Vs. M/s Kalpataru Construction Pvt. Ltd. .. Respondent. Mr. Vimal Gupta for the Appellant. Ms. Vasanti Patel for the Respondent. CORAM : J.P. DEVADHAR & K.K. TATED, JJ. DATE : 3RD OCTOBER, 2011. P.C. Counsel for the parties state that similar questions of law raised by the Revenue in Assessee’s own case in the Income Tax Appeal no.47 of 2004 (The Commissioner of Income Tax vs. M/s. Kalpataru Construction Pvt. Limited) has been rejected by this court by an order dated 26th August, 2009. For the reasons stated therein, the present Appeal is also dismissed with no order as to costs. (J.P. DEVADHAR, J.) (K.K. TATED, J.)