1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1117 OF 2009 The Commissioner of Income Tax – 7, Mumbai ..Appellant. Versus Novartis India Limited ..Respondent. Mr.Suresh Kumar for the appellant. Mr.J.D. Mistry with Mr.Damodar i/by Kanga & Co. for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATE : 4TH SEPTEMBER 2009 P.C. : 1. Heard learned counsel for the revenue. It is not in dispute that in so far as first question is concerned, the same is squarely covered by the Apex Court judgment in the case of Sandvik Asia Limited V/s. C.I.T. reported in 280 ITR 643 (SC) against the revenue. 2. So far as second question is concerned, the view taken by the tribunal is valid since the refund amount was crystallized and only refund cheque was to be issued. In that view of the matter, no fault can be found with the view taken by the tribunal. 3. The appeal is without any substance. Hence, the appeal is dismissed with no order as to costs. (J.P. Devadhar, J.) (V.C. Daga, J.)