- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. INCOME TAX APPEAL NO.256 OF 2008 WITH INCOME TAX APPEAL (L) NO.448 OF 2008 ----------------------------------------------------- Office Notes, Office Memoranda of Coram, Court’s or Judge’s appearances, Court’s orders order or directions ----------------------------------------------------- ¦ Mr.R.Ashokan for the Appellant. ¦ Ms.Priti V.Shukla i/b Vipul Joshi ¦ for the Respondent. ¦ ¦ ¦ CORAM: D.K.DESHMUKH & ¦ J.P.DEVADHAR, JJ. ¦ DATED: 24TH JULY, 2008 P.C.: Heard the learned Counsel for the Appellant. In both these Appeals the assessee is the same, the question that arises for consideration is also the same and therefore, they can be disposed of by a common order. The tribunal has, as a fact, found that the loan was taken through - 2 - proper banking channel and creditor has also filed suit for recovery of the amount, therefore, the transaction was genuine. This is a finding of fact. No question of law arises. Hence, appeal is rejected. (D.K.DESHMUKH, J.) (J.P.DEVADHAR,J.)