1 itxa5694-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.5694 OF 2010 Swastika Investmart Limited ..Appellant. Versus Dy. Commissioner of Income-tax, Cir.-4(2), Mumbai ..Respondent. Mr.Mohan Salian with Mr.Jesse Cornelions i/by Gagrats for the appellant. Ms.Anamika Malhotra for the respondent. CORAM : J.P. Devadhar & Smt.R.S. Dalvi, JJ. DATE : 22nd March, 2011. P.C. : 1. Heard. Admit on the following substantial question of law. Whether on the facts and in the circumstances of the case and in law, depreciation under section 32 of the Income Tax Act, 1961 is allowable on the BSE Card acquired by the Appellant Company ? 2. Counsel for the parties state that the aforesaid question is already answered in favour of the assessee by the decision of the Apex Court in the case of Techno Shares and Stocks Limited V/s. Commissioner of Income Tax reported in (2010) 327 ITR 323 (SC). 2 itxa5694-10 3. In this view of the matter, the appeal is disposed off by answering the question in favour of the assessee and against the Revenue. No costs. (Smt.R.S. Dalvi, J.) (J.P. Devadhar, J.)