srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 853 OF 2009 The Commissioner of Income Tax – 3 ..Appellant Vs. M/s Hindustan Construction Co. Ltd. ..Respondent Mr. P.S. Sahadevan for the Appellant. Mr. Sanjiv M. Shah for the Respondent. CORAM :- V.C.DAGA & J.P. DEVADHAR ,JJ. DATE : 23rd June, 2009 P.C. Heard learned counsel for the parties. During the course of hearing the learned counsel for respondent brought to our notice that the issue involved in the present appeal has already been considered and answered by the Division Bench of this Court in Income Tax Appeal (L) No. 273 of 2006, in the case of Commissioner of Income Tax Vs. Hindustan Construction Co. Ltd., decided on July 31, 2008. Learned counsel for the Revenue-Appellant could not distinguish the said judgment. In this view of the matter, for the reasons stated therein, the appeal stands dismissed. No order as to costs. (J.P. DEVADHAR, J.) (V.C.DAGA,J.)