-1- bpk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.796 OF 2008 The Commissioner of Income Tax City 7: Appellant v/s M/s. Siyaram Investments Ltd. : Respondent Mr. J.S. Saluja for Appellant Mr. Sanjiv M. Shah for respondent Coram : Dr. S. Radhakrishnan S.J. Kathawalla, JJ. Date : 24.9.2008 P.C. . Heard the learned counsel for the appellant and the learned counsel for the respondent. . The learned counsel for the appellant is not pressing question no.3 in the above appeal as the same has been remanded back to the assessing officer in case of Maruti Udyog ltd. vs DCIT, 92 ITD 119. . As far as question no. 1 and 2 are concerned it is squarely covered by the judgment of the High Court in case of The Commissioner of Income Tax vs M/s. Walfort Share & Stock Brokers Pvt. Ltd. in Income Tax Appeal no. 18 of 2006 dt. 8.8.2008. It is answered against revenue and in favour of the assessee. In view thereof appeal stands dismissed. (S.J. Kathawalla,J.) (Dr. S.Radhakrishnan,J.)