Itxa/2303/2009 Of Mittal Court Premises Co-Operative Society Ltd v. The Income Tax Officer Ward 12 (2) (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2303 OF 2009 Mittal Court Premises Co-operative Society Ltd. ..Appellant. V/s. The Income Tax Officer ..Respondent. Mr. K.B. Bhujle with P.V. Bhujle for appellant. Mr. Suresh Kumar for respondent. CORAM : DR. D.Y.CHANDRACHUD AND J.P.DEVADHAR, JJ. DATED : 5TH JANUARY, 2010 P.C. :- 1.The following question of law has been framed in the appeal by the assessee against the judgment dated 17th July, 2009 of the Income Tax Appellate Tribunal:- " Whether on the facts and in the circumstances of the case, the Tribunal erred in upholding the addition of Rs.29,09,564/- on account of transfer fees for A.Y.2001-02 ? 2.Learned counsel appearing on behalf of the appellant and learned counsel for the revenue have agreed in stating before the Court that the issue of transfer fees is covered by the judgment of a Division Bench of this Court dated 17th July, 2009 in Income Tax Appeal Nos.999, 1028, 1029 and 1030 of 2004 in favour of the same assessee (Mittal Court Premises Co-operative Society Ltd.) reported in 184 (2009) Taxman 292 (Bom). 3.Since counsel on both sides are agreed that the question has been answered in the aforesaid judgment of a Division Bench of this Court in favour of the assessee and again[st the revenue, the appeal shall stand disposed of accordingly with no order as to costs. (J.P.DEVADHAR, J.) (DR. D.Y.CHANDRACHUD, J.)