The Commissioner Of Income Tax (Central v. Rohan Builders (I) Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1260 OF 2011 The Commissioner of Income Tax (Central) ..Appellant versus Rohan Builders (I) Pvt. Ltd...Respondent -------- Mr. Vimal Gupta, Sr. Adv. i/b Padma Divakar for the Appellant. Mr. Deepak Tralshawala with Mr. V.S.Hadade for the Respondent. ............. CORAM : J.P. DEVADHAR & M.S.SANKLECHA, JJ. DATE P.C. : 1 In this appeal by the revenue, the following questions have been proposed for our consideration. a)Whether on the facts and circumstances of the case and in law the ITAT has not erred in treating assessee not in default for payment of advance tax? b)Whether in the facts and circumstances of the case and in law the ITAT has not erred in directing that seized cash u/s 132 should be considered as adjusted against advance tax liability when clause (i) of Section132Bwhichdealswith utilization of seized cash does not provide for such adjustment? 2Counsel for the parties state that similar question was raised in the Income Tax Appeal No.3741 of 2010 in the matter of CIT v. Shri. Jyotindra B. Mody and this court by its order dated 21.09.2011 answered the question in favour of the assessee and against the revenue. For the reasons stated in the order dated 21.09.2011, the proposed questions are not entertained. 3Accordingly, the appeal is dismissed with no order as costs. (M.S. SANKLECHA, J.) (J.P.DEVADHAR, J.)