1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.2026 OF 2009 The Commissioner of Income Tax ..Appellant. V/s. M/s. Ratnam Gems Impex Pvt. Ltd. ..Respondent. Mr. Suresh Kumar for appellant. None for respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 26TH AUGUST, 2009. P.C. :- 1. Heard learned counsel for the revenue. Office objections are overruled. Registry is directed to register the appeal. At the instance of learned counsel for the revenue, appeal is taken up for admission. 2. Learned counsel for the revenue states that the Tribunal has decided the appeal in terms of the judgment of the Madras High Court in the case of CIT V/s. India Cement Ltd. reported in [1975] 98 ITR 69. Learned counsel was not able to distinguish the said judgment. We concur with the view taken by the Madras High Court. In this view of the matter, no substantial question of law arise in the appeal. The appeal is dismissed in limini with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)