IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (LODG) NO.1733 OF 2007 INCOME TAX APPEAL (LODG) NO.1733 OF 2007 INCOME TAX APPEAL (LODG) NO.1733 OF 2007 The Commissioner of Income Tax ..Appellant. V/s. M/s.Fidelity Shares & Securities Pvt.Ltd...Respondent. Mr.Vimal Gupta for appellant. Mr.J.D.Mistry with Raj Darak for respondent. CORAM : DR. S.RADHAKRISHNAN AND CORAM : DR. S.RADHAKRISHNAN AND CORAM : DR. S.RADHAKRISHNAN AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 16TH APRIL, 2008. DATED : 16TH APRIL, 2008. DATED : 16TH APRIL, 2008. P.C. :- P.C. :- P.C. :- By consent of the parties, appeal is taken up for final hearing. Heard learned counsel for the appellant and learned counsel for the respondent. Both counsel fairly state that the questions of law sought to be raised in the present appeal are squarely covered by the Judgment of this Court in the case of Commissioner of Income Tax V/s. Lazor Syntex Ltd. in Income Tax Application No.11 of 1999 decided on 11th June, 2007 against the revenue and in favour of the assessee. In view thereof the appeal stands dismissed with no order as to costs. (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (DR.S.RADHAKRISHNAN, J.) (DR.S.RADHAKRISHNAN, J.) (DR.S.RADHAKRISHNAN, J.)