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 ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.907 OF 2000 INCOME TAX APPEAL NO.907 OF 2000 INCOME TAX APPEAL NO.907 OF 2000 The Commissioner of Income Tax .. Appellant Vs. M/s.Akay Organics Pvt.Ltd. .. Respondent Mr.P.S.Sahadevan for the Appellant. Mr.S.S.Shetty for the Respondent. CORAM :- DR.S.RADHAKRISHNAN & CORAM :- DR.S.RADHAKRISHNAN & CORAM :- DR.S.RADHAKRISHNAN & S.J.KATHAWALLA, JJ. S.J.KATHAWALLA, JJ. S.J.KATHAWALLA, JJ. DATE : 7th August, 2008 DATE : 7th August, 2008 DATE : 7th August, 2008 P.C. P.C. P.C. 1. Since the original papers are misplaced, we have allowed the learned Counsel for the Appellant to tender the set of photocast copies of Appeal papers and the said photocast set is treated as reconstructed set of Appeal proceedings. 2. Heard the learned Counsel for the parties. Both the learned Counsel for the parties categorically state that the only question of law raised in this Appeal is squarely covered by the judgment of the Hon’ble Supreme Court in the case of ACIT V/s.J.K.Synthetics Ltd. - ACIT V/s.J.K.Synthetics Ltd. - ACIT V/s.J.K.Synthetics Ltd. - (2001) 251 ITR 200 (SC (2001) 251 ITR 200 (SC (2001) 251 ITR 200 (SC), in favour of the Revenue and against the Assessee. Accordingly, the question of law raised in this Appeal is answered in favour of the Revenue and against the Assessee. (S.J.KATHAWALLA, J.) (DR.S.RADHAKRISHNAN,J.) (S.J.KATHAWALLA, J.) (DR.S.RADHAKRISHNAN,J.) (S.J.KATHAWALLA, J.) (DR.S.RADHAKRISHNAN,J.)