Commissioner Of Income Tax - 12, Mumbai v. M/S.mittal Court Premises Co-Op. Society Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.5772 OF 2010 Commissioner of Income Tax - 12, Mumbai..Appellant. Versus M/s.Mittal Court Premises Co-op. Society Limited ..Respondent. Mr.A.S. Shivsharan for the appellant.None for the respondent. CORAM : J.P. Devadhar & Smt.R.S. Dalvi, JJ. P.C. : DATE : 22[nd] March, 2011. 1.Heard. Admit on the following substantial questions of law. a)Whether on the facts and in the circumstances of the case and in law, the Tribunal erred in holding that transfer charges received from the transferor / transferee in excess of alleged limits is covered by the principle of mutuality and is not chargeable to tax ? b)Whether on the facts and in the circumstances of the case and in law, the Tribunal erred in holding that the assessment made consequent to the notice issued is invalid ? 2.Counsel for the parties state that the question (a) is covered against the Revenue and in favour of the assessee by the decision of this Court in the case of Commissioner of Income Tax V/s. Mittal Tower Premises Cooperative Society Limited reported in 320 ITR 414 (Bom.). 3.As regards question (b) is concerned, Counsel for the Revenue states that re-opening of assessment is held to be bad-in-law by this Court in Writ Petition No.526 of 1996 decided on 17-07-2009. 4.In this view of the matter, the appeal is dismissed with no order as to costs. (Smt.R.S. Dalvi, J.) (J.P. Devadhar, J.)