Principal Commissioner Of Income Tax Mumbai,11 v. M/S Shree Mother Capfin And Securities Pvt.Ltd

itxa715 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.715 OF 2015 Principal Commissioner of Income Tax, Mumbai ...Appellant vs.

M/s.Shree Mother Capfin & Securities Pvt.Ltd.

...Respondent

Mr.Arvind Pinto for the appellant None for the respondent CORAM : A.S.OKA, & A.K.MENON,JJ.

DATE : NOVEMBER 7, 2017 P.C.:

Heard the learned counsel for the appellantrevenue. He does not dispute that the impugned Judgment of the Income Tax Appellate Tribunal, Mumbai (for short "the Appellate Tribunal") is consistent with the decision of the Division Bench of this Court in the case of the Commissioner of Income-tax, City 4 v. HSBC Securities & Capital Markets India (P.) Ltd1. However, he states that a Special Leave Petition filed by the appellant before the Apex Court is pending. The decision of the Division Bench of this Court still holds the field which continues to bind this Court. Merely because a Special Leave Petition against the said decision is filed by the appellant-revenue, it will not give rise to any substantial question of law as the decision of the Appellate Tribunal is consistent (2012) 23 taxman.com (Bom)

itxa715 with the binding precedent of this Court.

Hence, there is no reason to interfere with the findings recorded by the Appellate Tribunal and accordingly, appeal is dismissed with no order as to costs.

(A.K.MENON,J.) (A.S.OKA,J.)