Ayushi Builders & Developers v. The Income Tax Officer, Ward 3(2), Jodhpur

HIGH COURT OF JUDICATURE FOR RAJASTHAN ATJODHPUR D.B. Income Tax Appeal No. 122 / 2010 Ayushi Builders & Developers, 101, Babu Rajendra Marg, Masuria, Jodhpur ----Appellant Versus The Income Tax Officer, Ward 3(2), Jodhpur ----Respondent _____________________________________________________ For Appellant(s) : Mr. Anjay Kothari, with Mr. Bhagirath PatelFor Respondent(s) : Mr. K.K. Bissa _____________________________________________________ HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE MR. JUSTICE VINIT KUMAR MATHUROrder 10/07/2017 The issue involved in this appeal stands covered by a judgment of Calcutta High Court in Piu Ghosh Vs. DeputyCommissioner of Income Tax (Income Tax Appeal No.191/2009decided on 12.07.2016). Accordingly, the issue involved inquestion No.1 is decided in favour of the appellant-assessee interms of the judgment referred above. In light of the finding arrived with regard to questionNo.1, the question No.2 remains only an academic question,therefore, that is not required to be answered. The appeal is allowed, accordingly. (VINIT KUMAR MATHUR) J. (GOVIND MATHUR) J.