1 itxal861-11 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.861 OF 2011 The Director of Income Tax (International Taxation) – II ..Appellant. Versus M/s.Merrill Lynch Capital Market Espana, SA ..Respondent. Mr.Suresh Kumar for the appellant. Mr.B.D. Damodar i/by Kanga & Co. for the respondent. CORAM : J.P. Devadhar & K.K. Tated, JJ. DATE : 30th August, 2011. P.C. : 1. Counsel for both the sides state that the questions of law raised in this appeal are covered against the Revenue and in favour of the assessee by the decision of this Court in the case of Director of Income Tax (International Taxation) V/s. NGC Network Asia LLC reported in (2009) 313 ITR 187 (Bom). 2. In this view of the matter, the appeal is dismissed with no order as to costs. (K.K. Tated, J.) (J.P. Devadhar, J.)