In Itxa/1254/2009 Of The Commissioner Of Income Tax - 12 Mumbai v. M/S. Rachna Trust, the High Court (2009) decided the matter.
Decision: All these appeals are, therefore, dismissed for want of substantial question of law.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
The Commissioner of Income-tax.
M/s.Rachna Trust.... Respondent.
Suresh Kumar for the appellant.
J.D.Mistry with A.K.Jasani for the respondent.
P.C. :
Heard learned counsel for the parties.
2.Admittedly, the tenanted premises were taken over by the respondent- assessee as a developer for a period of 117 months. Therefore, respondent cannot be treated as deemed owner of the said property. Based on this legal premises, no fault can be found with the view taken by the Tribunal. All these appeals are, therefore, dismissed for want of substantial question of law. No order as to costs.
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