1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.660 OF 2003 The Commissioner of Income-tax, City III, Mumbai .. Appellant. V/s. M/s.Cygnus Negri Inv. P. Ltd. .. Respondent. Mr.R.V. Desai, Senior counsel with Mr.A.S. Rao i/b. S.S. Sarkar for the appellant. CORAM : R.M. LODHA, & CORAM : R.M. LODHA, & CORAM : R.M. LODHA, & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED : 29TH OCTOBER, 2004. DATED : 29TH OCTOBER, 2004. DATED : 29TH OCTOBER, 2004. P.C. : Heard. 2. The Tribunal has relied upon the Division Bench judgment of this Court in the case of CIT V/s. J.K. Investors (Bom) Ltd. [248 ITR 769]. The learned senior counsel for the revenue could not show how the said judgment of the High court was not applicable to the facts of the present case. 3. No substantial question of law arises in this appeal. The appeal is dismissed in limine. (R.M. LODHA, J.) (R.M. LODHA, J.) (R.M. LODHA, J.) 2 (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)