The Commissioner Of Income Tax v. Mr. Shivkumar Dalmia

((-1-)) HVN IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO. 2797 OF 2007 The Commissioner of Income Tax ... Appellant Vs. Mr. Shivkumar Dalmia ... Respondent Mr. S.M. Shah with Mr. P.S. Sahadevan for Appellant. Ms. A. Vissanji with Mr. S.J. Mehta i/by S.P. Mehta for Respondent. CORAM: F.I. CORAM: F.I.REBELLO&R.S. MOHITE, JJ.DATED: FEBRUARY 13, 2008 R.S. MOHITE, JJ. DATED: FEBRUARY 13, 2008 P.C. P.C. . There are two concurrent findings of fact, that the receipt was in the nature of capital receipt. In the instant case on the issue of price the matter was referred to arbitrator to give his arbitral award and as the award had been passed after some period, interest was also provided till the decree or payment. We see no reason as to why on facts here, the interest as awarded cannot be considered as capital receipt considering the claim is towards the price of the flat. We therefore, also find no reason to differ with the view taken by the two Authorities below. In the light of the above, question as framed would not arise and consequently appeal dismissed. ((-2-)) (F.I.REBELLO, J.) (R.S. MOHITE, J.)(F.I.REBELLO, J.) (R.S. MOHITE, J.) (F.I.REBELLO, J.) (R.S. MOHITE, J.)