bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1085 OF 2009 The Commissioner of Income Tax ..Appellant Vs. M/s.Elegant Eateries Pvt. Ltd. ..Respondent Mr.Suresh Kumar for appellant. CORAM :- V.C.DAGA & J.P.DEVADHAR,JJ. DATE : 30TH JULY, 2009 P.C. Heard. Perused appeal. Both the authorities below have recorded concurrent finding that, on the day when loan was advanced, the assessee was not a shareholder. In that view of the matter, the Tribunal has reached to the conclusion that the provisions of Section 2(22)(e) was not attracted. The view taken by the Tribunal is reasonable and possible. In this view of the matter, appeal stands dismissed for want of substantial question of law. No order as to costs. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)