1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL(L)NO.1391 OF 2005 The Commissioner of Income-Tax ..Appellant Mumbai V/s. M/s.WMI Cranes Ltd. ..Respondent Mumbai Mr.A.D.Kango, Advocate, for Appellant None for Respondent CORAM : F.I.REBELLO & R.S.MOHITE,JJ. DATE : 4TH FEBRUARY, 2008 P.C. . We have heard advocate for the revenue. Perused the impugned order of the Tribunal. The substantial question of law as framed is as under :- “Whether on the facts and in the circumstances of the case in the law, the Hon'ble Tribunal erred in confirming the order of the CIT(A) and directing the deletion of addition of Rs.28,65,344/- made on account of the under valuation of the closing stock by changing the method of accounting of the work in progress.” We find from the order that this assessment were 2 made and carried upto the Tribunal for the assessment year 1996-97 and 1997-98. In the present assessment it was agreed by both the parties before the Tribunal that in these decisions the point raised was covered in favour of the assessee. The present assessment was for the year 1998-99. It is not contended by revenue is that they have not accepted the decisions of the I.T.A.T for the previous two years in respect of the same assessee. In our view, therefore, the point of law raised does not arise. Hence, the appeal is dismissed. (R.S.MOHITE, J.) (F.I.REBELLO, J.)