1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1502 OF 2009 WITH INCOME TAX APPEAL (L) NO.498 OF 2009 The Commissioner of Income Tax ..Appellant. V/s. M/s. Tata Hydro Electric Power Supply Co. Ltd. ..Respondent. Mr.Vimal Gupta for appellant. Mr.D.Vyas, senior counsel with Ajit Shah and P.C. Tripathi for respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 7TH MAY, 2009. P.C. :- 1. By consent of both the parties, delay caused in filing the appeal is condoned. The notice of motion is disposed of accordingly. 2. The appeal is taken up for admission by consent of both the parties. 3. Heard the learned counsel for the revenue. He fairly states that all the questions sought to be 2 raised herein are answered by the Division Bench judgment of this Court in the case of C.I.T. V/s. Tata Hydro Electric Supply Co. Ltd. reported in 219 I.T.R. 178. In this view of the matter, no substantial question of law arise in this appeal. Appeal is, therefore, dismissed in limini. 4. In view of the dismissal of the appeal, Notice of Motion does not survive. Hence the same stands dismissed. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)