1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1464 OF 2009 The Commissioner of Income Tax ..Appellant. V/s. M/s. Dhanpankaj Polyster ..Respondent. Mr. A.S. Shivsharan for appellant. None for respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 26TH AUGUST, 2009. P.C. :- 1. Heard learned counsel for the revenue. The issue sought to be raised in the appeal is covered by the Division Bench judgment of this Court in the case of CIT V/s. Emptee Poly-Yarn P. Ltd. reported in [2008] 305 I.T.R. 309 (Bom). The learned counsel for the revenue could not distinguish the said judgment. In this view of the matter, the question is answered in favour of the assessee and against the revenue. 2. The appeal is disposed of accordingly with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)