1 itxa3718-09 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.3718 OF 2009 The Commissioner of Income Tax-1 ..Appellant. V/s. M/s. Thomas Cook (I) Ltd. ..Respondent. Mr. Vimal Gupta with Mrs. Padma Divakar for appellant. Mr. A.K. Jasani for respondent. CORAM : J.P. DEVADHAR AND R.M. SAVANT, JJ. DATED : 22ND NOVEMBER, 2010 P.C. :- 1. Heard. In this appeal, the revenue has framed the following question of law:- " Whether on the facts and circumstances of the case and law, the ITAT was right in deleting the addition made on account of unclaimed balance and cheque suspense account as trading receipts ? " 2. Counsel on both sides state that similar question raised by the revenue in the assessee's own case for earlier assessment years has already been rejected by this Court on 09/01/2009 in Income Tax Appeal No.622 of 2008 [The Commissioner of Income Tax V/s. M/s. Thomas Cook (I) Ltd.]. For the reasons stated therein, the present appeal is dismissed. (R.M. SAVANT, J.) (J.P. DEVADHAR, J.)