Itxa/963/2012 Of The Commissioner Of Income Tax -25 Mumbai v. M/S. Ashirwad Developers

sbw *1* IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.963 OF 2012 The Commissioner of Income Tax-25 -Versus-M/s. Ashirwad Developers ..Appellant ..Respondent ........... Mr. Tejveer Singh for the Appellant.Mr. A. K. Jasani for the Respondent. ........... CORAM: S.C. DHARMADHIKARIAND A. K. MENON, JJ. DATE :- 1[st] OCTOBER, 2014 P.C.: 1]The two questions of law which arise out of the order passed by the Tribunal dated 30[th] June, 2011 relating to assessment year 2005-06 are formulated at page 4 and 5 of the paper book. 2]When the Appeal was placed for admission, it was fairly stated that the issues are answered by this Court in favour of the Assessee and against the Revenue in the case of Commissioner of Income Tax V/s. M/s. Brahma Associates reported in (2011) 333 ITR 289 and the two Appeals which have been decided by a common judgment and order in Income Tax Appeal No.201 of 2012 in the case of The Commissioner of Income Tax-16 V/s. M/s. Happy Home Enterprises and in Income Tax Appeal No.308 of 2012 in the case of The Commissioner of Income Tax, Central-II, Mumbai V/s. M/s. Kanakia Spaces Pvt. Ltd. 3]In view thereof and the questions having been answered against the Revenue and in favour of the Assessee, the present Appeal does not raise any substantial question of law. It is, accordingly, dismissed. No costs. (A. K. MENON, J.) (S.C. DHARMADHIKARI, J.) wadhwa 2/2