The Commissioner Of Income Tax v. M/S.anita Enterprises
High Court
28 Aug 2009 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
The Commissioner Of Income Tax v. M/S.anita Enterprises
Date of order
28 Aug 2009
Assessment year(s)
—
Outcome
Dismissed
Case summary
In The Commissioner Of Income Tax v. M/S.anita Enterprises, the High Court (2009) dismissed the appeal. The decision went in favour of the assessee.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
The order — as passed by the High Court
bgp
IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 183 OF OF 2005
The Commissioner of Income Tax Vs.M/s.Anita Enterprises
..Appellant
..Respondent
Mr.A.S.Shivsharan for appellant.
P.C.
CORAM :- V.C.DAGA &J.P.DEVADHAR,JJ. 28TH AUGUST, 2009
DATE :
1.Heard learned Counsel for the parties.
2.The Tribunal, relying upon the judgment of this Court came to the conclusion that the part of the plot was non developable and hence it was not stock in trade. So far as subject estate is concerned, the Tribunal has recorded a finding of fact that the profit arising from TDR should be termed as capital gain as such not assessable to tax. The view taken by the Tribunal is a reasonable and possible view. In this view of the matter, we see no substantial question of law involved in this appeal. The same stands dismissed for want of substantial question of law with no order as to costs.
(J.P.DEVADHAR,J.)
(V.C.DAGA,J.)
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