Appellant/S v. B.p.h.e. Society, Ahmednagar

{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAYBENCH AT AURANGABAD INCOME TAX APPEAL NO. 73 OF 2013 The Commissioner of Income Tax-IPune Appellant/s Versus B.P.H.E. Society, Ahmednagar. Respondent/s Mr. D.V. Soman,advocate for the petitioner.Mr. Shrikant S. Patil, Advocate for the Respondent CORAM : R.M. BORDE & A.M. BADAR, JJ. DATE : 21ST MARCH, 2014. PER COURT: 1]The revenue has presented the appeal challenging the impugned orders passed by the Commissioner of Appeals as well as the Income Tax Appellate Tribunal, turning down the objections raised by the petitioners, in respect of the assessment made for the year 2007-2008. 2]It is alleged that there is violation of Section 13(1)(C) of the Income Tax Act, inasmuch as, one Dr. R.J. Barnabas, who is the trustee of the Trust, has wielded influence and secured the benefit in occupying the bunglow which belongs to the Trust. {2} It is not in dispute that Dr. R.J. Barnabas is also acting as Principal of the College and in his capacity as a Principal, he is occupying the bunglow. It is not disputed that most of the bunglows situated within the premises are lying vacant. The objections raised by the revenue has been turned down, by both, the appellate authority as well as the Tribunal, recording cogent reasons, in support of the separate orders passed by both the authorities. 3]On perusal of the orders passed by the Appellate Authority as well as the Tribunal, we do not find any substance in the appeal. The appeal is devoid of substance. The appeal, as such, stands dismissed. [A.M. BADAR] JUDGE [R.M. BORDE] JUDGE. grt/-