The Commissioner Of Income Tax – 2, Mumbai v. M/S.j.k. Investors (Bom) Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1126 OF 2011 The Commissioner of Income Tax – 2, Mumbai..Appellant. Versus M/s.J.K. Investors (Bom) Limited ..Respondent. Mr.Suresh Kumar for the appellant. None for the respondent. CORAM : J.P. Devadhar &M.S. Sanklecha, JJ. DATE : 23[rd] January 2013 P.C. : 1.In this appeal by the Revenue for the assessment year 2005-2006, following questions of law have been proposed for our consideration. “a)Whether on the facts and in the circumstances of the case and in law, the Tribunal was correct in holding that compensation of Rs.1.23 crores received for providing amenities and facilities under separate agreement other than the rent agreement is chargeable to tax under Section 22 of the Income Tax Act, 1961 as income from House Property ? b)Whether on the facts and in the circumstances of the case and in law, the Tribunal was correct in holding that compensation of Rs.1.23 crore received for providing amenities and facilities to a tenant is chargeable to tax under Section 22 of the Income Tax Act, 1961 as income from House Property ?” 2.Mr.Suresh Kumar, learned Advocate appearing for the Revenue points out that for the assessment year 2004-2005, similar questions were raised by the Revenue in the respondent – assessee's own case in Income Tax Appeal No.1089 of 2011. This Court by order dated 25[th] July 2011 did not entertain the Income Tax Appeal No.1089 of 2011. In view of the above, we see no reason to entertain the questions as proposed in the present appeal. 3. The appeal is accordingly dismissed with no order as to costs. (M.S. Sanklecha, J.) (J.P. Devadhar, J.)