Itxa/904/2013 Of Director Of Income Tax (It) - Ii v. Ms.maria Fleurette Fernandez

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (LOD) NO.1646 OF 2012 Director of Income Tax (IT)-II, Mumbai ..Appellant. V/s. Ms. Maria Fleurette Fernande ..Respondent. Mr. Tejveer Singh for the appellant. Mr. V.S. Hadade for the respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATED : 18TH FEBRUARY, 2013 P.C. :- 1.In the above appeal by the revenue for the assessment year 2000-09, the following question has been raised for our consideration:- “ Whether ITAT was correct in holding that the cost of indexation of the property taken by the AO for F.Y. 2006-07 after the death of assessee's mother against the cost of indexation taken by the assessee as on 1/4/1981 is not correct, if the right to hold 2.Counsel for the revenue fairly states that the issue arising in the present appeal is concluded in favour of the assessee against the revenue by the decision of the this Court in the matter of CIT V/s. Manjula J. Shah reported in (2012) 204 Taxman 691 (Bom). In view of the above, we see no reason to entertain the proposed question of law. 3.Accordingly, the appeal is dismissed with no order as to costs. (M.S. SANKLECHA, J.) (J.P. DEVADHAR, J.)