Itxa/961/2013 Of The Commissioner Of Income Tax - 10 v. Mr.mc.sunny

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.35 OF 2013 The Commissioner of Income Tax 10..Appellant.V/s.Mr. M. C. Sunny ..Respondent. Mr. Tejveer Singh, for the Appellant.None for the Respondent. P.C:- CORAM: J.P.DEVADHAR & M.S.SANKLECHA,JJ.DATE : 12[th] MARCH, 2013. In this Appeal by the Revenue for the block period 1[st] April, 1996 to 9[th] January, 2003, following question has been raised for our consideration. Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in upholding the order of Tribunal deleting the addition of Rs.6.93 Crores ignoring the fact that projects were completed within the block period? 2Counsel for the parties states that income arising on project completion method has been offered to tax by the Respondent-Assessee on the completion of the project and the same has been accepted by the Revenue in the Assessment Year in which the project was completed. 3In the above circumstances, taxing the same income for the block period does not arise. Accordingly, we see no reason to entertain the proposed question of law. 4Accordingly, appeal is dismissed with no order as to costs. (M.S.SANKLECHA,J.) (J.P.DEVADHAR,J.)