Itxa/2324/2011 Of The Commissioner Of Income Tax Central -1 v. Purvankara Projects Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2324 OF 2011 The Commissioner of Income Tax Central-1..Appellant.V/s.M/s. Purvankara Projects Ltd...Respondent. Mr. Suresh Kumar with Mr. N. A. Kazi, for the Appellant.Mr. Rajeev Waglay with Mr. Dinesh Parmar i/b. Juris Parmar Chambers, for the Respondent. P.C:- CORAM: J.P.DEVADHAR & M.S.SANKLECHA,JJ.DATE : 27[th] FEBRUARY, 2013. In this Appeal for the Assessment Year 2003-04 by the Revenue, following question has been raised for our consideration:- Whether on the facts and circumstance of the case and in law the Tribunal was justified in upholding the Appellate Order of the CIT(A) Mumbai dated 11.02.2010 in admitting the claim of the Assessee Company of Sale proceeds receipt of car parking space, estimated at Rs.72,69,500/- was eligible for reliefs u/s. 80IB of the Income Tax 1961? and further justify that the space of Car Parking was the part and parcel of the Housing project as approved by the Local Authority and it cannot be separated from the project? 2Counsel for the parties state that the issue raised in the present Appeal is covered by the decision of this Court in Respondent-Assesse's own case in Income Tax Appeal No.4975 of 2010 (CIT(A) v/s. Purvankara Projects Ltd.) rendered on 25[th] July, 2011. For the reasons given in the order dated 25[th] July, 2011, we see no reason to entertain proposed question of law. 3 Accordingly, appeal is dismissed with no order as to costs. (M.S.SANKLECHA,J.) (J.P.DEVADHAR,J.)