IN THE HIGH COURT OF DELHI AT NEW DELHI 
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   01.11.2004 
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 Present:        Mr Sanjiv Khanna with Mr Ajay Jha for the       appellant. 
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 +  ITA.No. 637/2004 
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 Admit. 
 The following two questions of law are required to be determined by this court: 
 ‘‘1.Whether the Tribunal was right in holding that the advance of a sum of Rs.6.16 crores made by M/s Ginza Industries Ltd. to the assessee cannot be taxed as deemed dividend  without returning a finding that the lending of money was the substantial part 
 of the business of the said company (M/s Ginza Industries Ltd)? 
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 2.      Whether the Tribunal was right in holding that the Assessing Officer had wrongly made disallowance of Rs.43.50 paid by the assessee to M/s Adani Associates towards guarantee commission fee? 
 2.      The paper books be filed by the appellant within a period of three months as per rules. 
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 CHIEF JUSTICE 
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 BADAR DURREZ AHMED, J 
 November 01, 2004 
 M