1 itxa-1933.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1933 OF 2010 WITH INCOME TAX APPEAL NO. 1958 OF 2009 The Commissioner of Income Tax. ... Appellant. V/s. M/s.Citigroup Global Markets India Pvt.Ltd. ... Respondent. Vimal Gupta for the appellant. Niraj Seth with Mr.Damodar i/b. Kanga & Co. for the respondent. CORAM : V.C.DAGA AND R.M.SAVANT, JJ. DATED : 18th October 2010. P.C. : Heard. 2. Admit, on the following substantial questions of law: “Whether on the facts and circumstances of the case and in law, the Tribunal was right in upholding the order of the Ld.CIT(A) that no disallowance is called for u/s. 40(a) of the I.T.Act in respect of salary payment, on the ground that the assessee’s statutory obligation was to deduct the tax at the time 2 itxa-1933.09 of payment or remittance and the said obligation had been discharged by the assessee and hence the expenditure of claim towards salary payment to Mr.Brian Brown is not hit by section 40(a)(iii) of the I.T.Act? 2. So far as questions relating to BSE Card are concerned, they are covered by the judgment of the Apex Court in the case of Techno Shares & Stocks Ltd. v. Commissioner of Income TaxIV in Civil Appeal No.77807781 of 2010 decided on 9th September, 2010 in favour of assessee and against the Revenue. So far as question relating to Bad Debts is concerned, the same is covered by the judgment of this Court in the case of Director of Income Tax v. Oman International Bank, (2009) 313 ITR 128 (Bom.). As such, appeal is rejected to that extent. (R.M.SAVANT, J.) (V.C.DAGA J.)