Of Commissioner v. Bilahari Investment P

AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.390 OF 2008 Commissioner of Income Tax Mumbai City 9, MUmbai ..Appellant. V/s. M/s.Anmol Properties Pvt. Ltd. ..Respondent. Mr.J.S. Saluja for the Appellant. Mr.P.F. Kaka with Mr.A.K. Jasani for the Respondent. CORAM : D.K. DESHMUKH & J.P. DEVADHAR, JJ. DATED : 28TH AUGUST, 2008. P.C. : 1. Heard learned counsel for both the sides. 2. So far as question (a) is concerned, it is obvious that it is revenue neutral because the year in which the project was completed, the income has been offered to tax and the same has been assessed. Question (a) is squarely covered by the judgment of the Hon’ble Supreme Court in the case of Commissioner Vs. Bilahari Investment P. Limited reported in [2008] 299 ITR 1 (SC). 3. So far as question (b) is concerned, the tribunal has considered that the said disallowance was deleted in the assessment year 1991-92 by the appellant authority and ignoring that decision again same thing has been done. We do not find any fault in the findings of the tribunal. The appeal cannot be entertained. Hence, rejected. D.K. DESHMUKH, J. J.P. DEVADHAR, J.