Itxa/1965/2009 Of The Commissioner Of Income Tax -20, Mumbai v. M/S Arpanna Development Corporation, Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1965 OF 2009 The Commissioner of Income-tax.... Appellant. V/s. M/s.Arpanna Development Corporation.... Respondent. P.S.Sahadevan for the appellant. Ms.Usha I. Dalal for the respondent. P.C.: CORAM :V.C.DAGA AND J.P.DEVADHAR, JJ.DATED : 1st October 2009. Heard learned counsel for the appellant and learned counsel for the respondent. Perused appeal. 2.The question sought to be raised in this appeal is considered by the Tribunal in para-7 of its judgment and observed in the following words: � ..... In this factual back ground, we are of the opinion that cost of plot of land has rightly been calculated after taking into consideration the direct cost, indirect cost and interest on FSI which, in sum and substance, is the interest on the cost of total land purchased and proportionately allocated towards the impugned portion of the plot of land. Similarly, the interest on TDR purchased in connection with the said plot of land is also allowable against the sale consideration. In this view of the matter, we find no merit in the appeal filed by the Revenue, hence, the same is dismissed.� 3.Having seen the factual matrix and the view taken by the Tribunal, no fault can be found with the same. No perversity is demonstrated by the learned counsel for the appellant. No substantial question of law is involved. 4.In the result, appeal is dismissed for want of substantial question of law with no order as to costs. (J.P.DEVADHAR, J.)