2013 (6) TMI 314

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....he parties. 2. The appeal was admitted on the following substantial questions of law:- "(1) Whether the learned Tribunal was in error in affirming the order of the Commissioner (Appeals), whereby the expenditure has been allowed despite the fact that the revised return was filed after expiry of the time permitted by Section 139 (5) of the Income Tax Act? (2) Whether the finding of the lea....

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.... far as question No.1 is concerned, learned counsel for the respondent/assessee refered decision of Bombay High Court in Commissioner of Income Tax Vs. M/s. Pruthvi Brokers & Shareholders Pvt. Ltd. reported in 2012(49) ITR 336 and submitted that this question has already been decided by Bombay High Court in favour of assessee and against the Revenue, therefore, this question be accordingly decided....