=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION INCOME INCOME INCOME TAX APPEAL (L) NO.1174 OF 2006 TAX APPEAL (L) NO.1174 OF 2006 TAX APPEAL (L) NO.1174 OF 2006 The Commissioner of Income Tax-IV, Aayakar Bhavan, Mumbai 400 020 ...Appellant v/s M/s Mafatlal Industries Ltd., Backbay Reclamation, Mumbai 400 020 ...Respondents Mr J.S. Saluja for Appellant. Ms V.B. Patel for Respondents. CORAM CORAM CORAM : D.K. DESHMUKH AND J.P. DEVADHAR JJ. : D.K. DESHMUKH AND J.P. DEVADHAR JJ. : D.K. DESHMUKH AND J.P. DEVADHAR JJ. DATE DATE DATE : 15TH OCTOBER 2008 15TH OCTOBER 2008 15TH OCTOBER 2008 =2= P.C.- 1. There are two questions raised by the revenue in this appeal. As regards question No.1 is concerned, the learned counsel appearing for both the sides agree that similar question raised by the revenue in Income Tax Appeal No.733 of 2008 has been decided by this Court on 14th October 2008 against the revenue. As regards question No.2 is concerned, the issue is squarely covered by the decision of Apex Court in the case of Apollo Tyres Ltd. v/s CIT, reported in (2002) 255 ITR 273. In this view of the matter, we see no merit in this appeal and the same is dismissed with no order as to costs. . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of the Court. . Certified copy is expedited. ( D.K. DESHMUKH J.) ( J.P. DEVADHAR J.)