Itxa/1476/2012 Of Commissioner Of Income Tax - 15 v. M/S. Fortaleza Developers

sbw *1* IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1476 OF 2012 Commissioner of Income Tax-15 ..Appellant -Versus-M/s. Fortaleza Developers ..Respondent ........... Mr. A. R. Malhotra with N. A. Kazi for the Appellant. Mr. J. D. Mistri, Senior Counsel, with Mr. A. K. Jasani for the Respondent............ CORAM: S.C. DHARMADHIKARI AND A. K. MENON, JJ. DATE :- 1[st] OCTOBER, 2014 P.C.: 1]The three questions of law which arise out of the order passed by the Income Tax Appellate Tribunal, Mumbai Bench, in Income Tax Appeal No.4327/Mum/2010 relating to assessment year 2007-08, are all answered by our judgment and order in the case of The Commissioner of Income Tax-16 V/s. M/s. Happy Home Enterprises and The Commissioner of Income Tax, Central-II, Mumbai V/s. Kanakia Spaces Pvt. Ltd. in Income Tax Appeal Nos.201 of 2012 and 308 of 2012. Both decided on 19[th] September, 2014. 2]The questions stand answered against the Revenue not only by this 1/2 judgment and order but also in the case of Commissioner of Income Tax V/s. Brahma Associates reported in (2011) 333 ITR 289. 3]In view thereof, this Appeal does not raise any substantial question of law. It is, accordingly, dismissed. No costs. (A. K. MENON, J.) (S.C. DHARMADHIKARI, J.) wadhwa