The Commissioner Of Income Tax v. Kedar Enterprises

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.275 OF 2005 The Commissioner of Income Tax. ..Appellant. Vs. Kedar Enterprises. ..Respondent. Mr.R.G.Bhat with Mr.P.S.Sahadevan for the Appellant. Mr. Arun Sathe, Sr.Counsel with Mr. Mandar Vaidya and P. Naik for the Respondent. CORAM : F.I. REBELLO &R.S. MOHITE, JJ.DATED : 24th March,2008. PC :1. The questions of law are framed in Para-4 of theappeal memo. The appeal preferred by the assesseebefore the CIT was allowed. The revenue aggrievedpreferred appeal before the ITAT. In so far as firstquestion is concerned, the learned Tribunal onconsidering the evidence on record held in favour of theassessee that assessee had received cash from theparties mentioned in Para-3 who were not supposed toadvance such amounts to the assessee towards developmentrights. This is purely a finding of fact. Apart fromthat, though the Tribunal has given different reasons,there are two concurrent findings of fact in favour of the assessee. In our opinion, therefore, the question of law-A as framed would not arose. 2. In so far as Question -B is concerned, the matterpertains to disallowance of administrative expenses. the above, in our opinion, the question of law as framed would not arise. Hence, appeal dismissed. (R.S. MOHITE, J.) (F.I. REBELLO, J.)