The Commissioner Of Income Tax-1, Pune v. Rajdeep & Pmcc Infrastructure, Ahmednagar

( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD TAX APPEAL NO.56 OF 2010 (The Commissioner of Income Tax-1, Pune Vs. Rajdeep & PMCC Infrastructure, Ahmednagar) WITH TAX APPEAL NO.61 OF 2010 (The Commissioner of Income Tax-1, Pune Vs. Rajdeep & PMCC Infrastructure, Ahmednagar) Mr.Alok Sharma, Sr.Standing Counsel for the appellant. (CORAM : S.C.DHARMADHIKARI AND RAVINDRA V.GHUGE, JJ.) DATE : 23/01/2014 PER COURT: 1.We have heard Mr. Alok Sharma, Sr. Standing Counsel, appearing on behalf of the appellants and with his assistance, we have perused the assessment order and the order passed by the Commissioner of Income Tax (Appeals) – I, Pune, dated 07/11/2007 and 20/11/2007. We have also perused the order passed by the Income Tax Appellate Tribunal (ITAT). 2.The Tribunal, has held that in the peculiar facts of the case, no income accrued to the assessee – AOP (Association of Persons) before ( 2 ) the Tribunal. The Tribunal has relied upon its earlier orders and to the effect that when no income accrues to the AOP but to the respective constituents of the AOP, who were to do specified portion of a contract at their own risks and in their individual capacities, then the AOP is not liable to be taxed. This view is consistent with the materials placed on record. Since it is in the peculiar facts of the case before the Tribunal and the Commissioner of Income Tax (Appeals), we do not feet that any substantial question of law arises for determination and consideration in these appeals. 3.Both the appeals are, therefore, dismissed. ( RAVINDRA V.GHUGE, J.)( S.C.DHARMADHIKARI, J. )