The Commissioner Of Income Tax – Ii, Pune v. Mahendra U. Kothari

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.275 OF 2013 The Commissioner of Income Tax – II, Pune..Appellant. Versus Mahendra U. Kothari..Respondent. Mr.Vimal Gupta, Senior Advocate with Ms.Padma Divakar for the appellant.None for the respondent. CORAM : J.P. Devadhar &M.S. Sanklecha, JJ. DATE : 19[th] March 2013 P.C. : 1.In this appeal by the Revenue for assessment year 2006-07, following question of law has been proposed for our consideration. “Whether, on the facts and in the circumstances of the case and in law, the Tribunal did not err in holding that for the purpose of determining the indexed cost of acquisition in respect of an asset acquired under will, the cost inflation index has to be worked out by taking the date of acquisition by the previous owner ?” 2.The issue arising in this appeal stands covered in favour of the assessee and against the Revenue by the decision of this Court in the matter of Commissioner of Income Tax V/s. Manjula J. Shah reported in 249 CTR 270. 3.In view of the above, we see no reason to entertain the proposed question of law. Accordingly, the appeal is dismissed with no order as to costs. (M.S. Sanklecha, J.) (J.P. Devadhar, J.)