Itxa/1075/2013 Of The Commissioner Of Income Tax -19 v. Smt. Seema N. Ajinkya

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (LOD) NO.400 OF 2013 The Commissioner of Income Tax-19, Mumbai ..Appellant. V/s. Smt. Seema N. Ajinka ..Respondent. Ms. S.V. Bharucha with D.K. Kamwal for the appellant.Mr. Satish R. Mody for the respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATED : 21ST MARCH, 2013 P.C. :- 1.In this appeal by the revenue for the assessment year 2007-08, following question of law is raised for our consideration:- “ Whether on the facts and in law the Tribunal was justified in upholding the order of CIT(A) holding that the benefit of indexation be allowed to the assessee from the date of acquisition by previous owner rather than the first year of holding by the assessee in case of succession or inheritance ? ” 2.Since the Tribunal has allowed the claim of the respondent-assessee by following the decision of this Court in the matter of DCITV/s. Manjula J. Shah reported in [2012] 204 Taxman 691, we see no reason to entertain the proposed question of law. 3.Accordingly, the appeal is dismissed with no order as to costs. (M.S. SANKLECHA, J.) (J.P. DEVADHAR, J.)