1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.389 OF 2008 The Commissioner of Income Tax-1. ...Appellant vs. The West Coast Paper Mills Ltd. ...Respondent. --- Mr.R.B.Upadhyay, for Appellant. Mr.Dastoor, Sr.Advocate with Mr.A.K.Jasani, for Respondent. CORAM: D.K.DESHMUKH & J.P.DEVADHAR, JJ. DATED: 16th October,2008. P.C.:- 1. Heard the learned Counsel appearing for both the sides. The case of the appellant before the Tribunal was that the transactions of buy back of lease equipments and granting lease of that 2 equipments to various boards, were sham transactions entered into only for the purpose of claiming benefit of 100% depreciation. The Tribunal has considered that aspect of the matter in the light of the material on record and has recorded the finding that it is not a sham and bogus transaction. One of the grounds considered for recording that finding is that when the other party is a statutory body the question of evasion of tax does not arise, and therefore, according to the Tribunal, inference of collusion cannot be drawn. Hence, no question of law arises. (D.K.DESHMUKH, J.) (J.P.DEVADHAR, J.)