:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME INCOME INCOME TAX APPLICATION NO.113 OF 2000 TAX APPLICATION NO.113 OF 2000 TAX APPLICATION NO.113 OF 2000 The Commissioner of Income Tax ..Applicant Vs. Mahindra & Mahindra Ltd. ..Respondent Mr.Ashok Kotangale for the Applicant. Mr.B.V.Jhaveri for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & V.C.DAGA, V.C.DAGA, V.C.DAGA, JJ. JJ. JJ. DATE DATE DATE : 4TH JUNE, 2007 : 4TH JUNE, 2007 : 4TH JUNE, 2007 P.C. P.C. P.C. 1. Heard the learned Counsel for the Applicant and the Respondent. In the above application, following substantial question of law is sought to be raised: "Whether on the facts and in the circumstances of the case, law, the Tribunal was right in holding that expenditure on repairs and payment of rates and taxes are not disallowable under section 37(4) ? 2. Both learned Counsel for Applicant and the Respondent agree that this application itself be treated as a statement of the case and the substantial question of law be decided accordingly. 3. Both learned Counsel for the Applicant and the Respondent submit that the above question of law :2: sought to be raised is squarely covered by the Judgment of the Apex Court in the case of Britannia Britannia Britannia Industries Industries Industries Ltd. Vs. Commissioner of Income Tax & Ltd. Vs. Commissioner of Income Tax & Ltd. Vs. Commissioner of Income Tax & Anr.278 Anr.278 Anr.278 I.T.R. 546 I.T.R. 546 I.T.R. 546 in favour of the Revenue. Under the aforesaid facts and circumstances, we answer the question of law in favour of the Revenue and against the Assessee. 4. As far as the second question is concerned, the same is covered against the Revenue and in favour of the Assessee, and in view of the judgment in the case of Associated Bearing Co.Ltd. Vs. Commissioner Associated Bearing Co.Ltd. Vs. Commissioner Associated Bearing Co.Ltd. Vs. Commissioner of of of Income Tax (2006) 286 ITR 341(Bom) Income Tax (2006) 286 ITR 341(Bom) Income Tax (2006) 286 ITR 341(Bom), the Application stands disposed of accordingly. (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)