Itxa/1316/2011 Of Commissioner Of Income Tax v. M/S Surge Enterprises Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1316 OF 2011 Commissioner of Income Tax-1-Versus-M/s. Surge Enterprises Ltd. ..Appellant ..Respondent ........... Mr. P. C. Chhotaray for the Appellant. ........... CORAM: S.C. DHARMADHIKARIAND B.P. COLABAWALLA, JJ. DATE :- 14[th] August, 2014 P.C.: 1]This order is passed in furtherance of our earlier order dated 8[th ]August, 2014. We have in our judgment which has been delivered by us, on 8[th] August, 2014 in Income Tax Appeal No.1213 of 2011 along with connected Appeals, after extensively hearing the counsel on the legal principles already held that if there is nothing on record to dispute the municipal valuation but the revenue is merely aggrieved and agitated by the fact that it will have to abide by the municipal valuation, then, the Revenue's Appeals cannot be entertained. They do not, then, raise any substantial question of law. The Tribunal did not commit any error in holding that in the absence of the material which would enable the 1/2 Assessing Officer to recompute the fair market value or direct the parties to offer an explanation to the relevant and germane material having a bearing on the Annual Letting Value, the Revenue cannot start the process again. Meaning thereby, that the revenue during the course of the proceedings even when they reached the final fact finding authority having failed to place any material which would contradict the municipal valuation and in terms of the legal principles applied in the above decision, then, the order of the Tribunal impugned in this appeal, cannot be said to be erroneous in law or perverse. The appeal does not raise any substantial question of law. It is, therefore, dismissed. No costs. (B.P.COLABAWALLA, J.) (S.C. DHARMADHIKARI, J.) wadhwa