In Itxa/6723/2010 Of The Commissioner Of Income Tax-8 Mumbai v. M/S. Pankaj Shawls Ltd, the High Court (2009) dismissed the appeal. The decision went in favour of the assessee.
Issue: 2.The question sought to be raised in the above appeal relates as to whether the income of the assessee derived from the house property was rightly determined under section 23(1)(a) of the Income Tax Act, 1961.
Decision: In his view of the matter, the appeal is dismissed in limini with no order as to costs.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL (L) NO.127 OF 2009
The Commissioner of Income Tax
..Appellant.
V/s.
M/s. Pankaj Shawls Ltd...Respondent.
Mr. Suresh Kumar for appellant.
Mr. Jitendra Jain with Jas Sanghvi i/b. PDS Legal for respondent.
CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 29TH AUGUST, 2009.
P.C. :-
1.Heard learned counsel for the revenue. Office objections are overruled. Registry is directed to register the appeal. At the instance of the revenue, appeal is taken up for admission.
2.The question sought to be raised in the above appeal relates as to whether the income of the assessee derived from the house property was rightly determined under section 23(1)(a) of the Income Tax Act, 1961. The issue sought to be raised is covered by the judgment of this Court in the case of CIT V/s. Akshay Textiles Trading & Agencies P. Ltd. reported in [2008] 304ITR 401 (Bom). The view taken by the Tribunal is reasonable and possible view. No fault can be found with the impugned order. In his view of the matter, the appeal is dismissed in limini with no order as to costs.
(J.P.DEVADHAR, J.)
(V.C.DAGA, J.)
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