The Commissioner Of Income Tax v. Mr. Russi A.r. Wadia Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2962 OF 2006 WITH INCOME TAX APPEAL LODGING NO.1434 OF 2006 The Commissioner of Income Tax..Appellant Vs. Mr. Russi A.R. Wadia Ltd......Respondent Mr. P.S. Sahadevan, for the Appellant CORAM: F.I.REBELLO&R.S.MOHITE,JJ.DATED: 7TH JANUARY,2008 CORAM: F.I. R.S.MOHITE,JJ. P.C.: . There is a delay of 128 days. Notice has not been served on the respondents. We have considered the Appeal as to whether the question of law which has been framed will arise in the matter. 2. The issue pertains to valuation of the flat. The A.O. valued the flat at Rs.550/- per sq.ft. The Tribunal based on the locality and in respect of similar property situated in the same locality fixed the the same at Rs.1100/-. The A.O. was directed to recompute the capital gains by taking fair market value at Rs.1450/- per sq.ft. as on 1st April, 1981.. The finding recorded by the Tribunal is purely a finding of fact. There is nothing brought to our attention which warrants us to take a different view. Consequently the question of law as framed would not arise. Hence Notice of Motion as well as Appeal dismissed. (R.S.MOHITE, J.)(F.I.REBELLO, J.)