The Commissioner Of Income-Tax-17, Mumbai v. N.i. Bhuva (Huf

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.756 OF 2008 The Commissioner of Income-tax-17, MumbaiVersusN.I. Bhuva (HUF) ..Appellant. ..Respondent. Mr.D.K. Kamwal for the appellant.Ms.Usha Dalal for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATE : 22nd JUNE, 2009 P.C. : 1.Heard learned counsel for the revenue. Office objections, if any are waived. Registry is directed to register the appeal. Taken up for hearing at the request of the parties. 2.Having seen the findings recorded by the tribunal in para 9 and 10, it is clear that the question raised in this appeal has no merit, since the amount involved therein has already been shown as revenue expenditure by M/s.Indo Nissan Oxo Chemicals Industries Limited, who had spent the said amount on renovation / reconstruction of the said property. The amount was directly paid to the contractor. In this view of the matter, said amount can hardly be said to be a perquisite in the hands of the assessee. Under these circumstances, we see no merit in this appeal. The appeal is, therefore, dismissed with no order as to costs. (J.P. Devadhar, J.)(V.C. Daga, J.)