The Commissioner Of Income Tax-16 v. In This Appeal By The Revenue For Assessment Year

ASN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.424 OF 2013 The Commissioner of Income Tax-16. ..Appellant. v. Smt. Gita A.Ravasia...Respondent. Mr. A.R. Malhotra with Ms. Padma Divakar for the Appellant.None for the Respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATE : 18[th] March, 2013. PC: In this appeal by the revenue for assessment year 2007-08 following questions of law have been raised for our consideration. i)Whether on the facts and in the circumstances of the case and in law the Tribunal was right in allowing the assessee's claim that the cost indexation is available from 1/4/1981 without appreciating the fact that the property was inherited by the assessee in F.Y. 2006-07? ii)Whether on the facts and in the circumstances of the case and in law the Tribunal has erred in relying on the decision of this court which was not accepted by the department and the ASN matter is sub-judice? 2) Since the issue arising in the proposed questions of law is covered by the decision of this Court in the matter of CIT vs. Manjula J. Shah in Income Tax Appeal No.3378 of 2010 rendered on 11/10/20, we see no reason to entertain the proposed questions of law. 3)to costs. Accordingly, the appeal is dismissed with no order as (M.S.SANKLECHA, J.) (J.P. DEVADHAR, J.)