The Commissioner Of Income Tax v. M/S.harsh Estate Pvt. Ltd

(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL LODGING NO.2413 OF 2008 The Commissioner of Income Tax.....Appellant Vs. M/s.Harsh Estate Pvt. Ltd......Respondent Mr. P.S. Sahadevan, fo the Appellant. CORAM: F.I.REBELLO&R.S.MOHITE, JJ.DATED: 5TH MARCH, 2009 CORAM: F.I. R.S.MOHITE, JJ. DATED: 5TH MARCH, 2009 P.C.: P.C.: . The Appeal has been filed on several questions. However, basically it raises two questions. The questions can be reframed as under:- "(a) Whether on the facts and the circumstances of the case the Hon’ble ITAT was right in law in holding that the mere request by the assessee to Assessing Officer to approach the Custodian for release of funds to meet self assessment tax liability amounts to constructive payment of taxes. (b) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in holding that the dividend of Rs.64,87,000/- has not accrued to the assessee and thereby (-2-) holding that such dividend income could not form part of the total income of the assessee? 2. In so far as Question (a) is concerned, the same is covered by the order of this Court in Income Tax Appeal No.192 of 2008 The Commissioner of Income-tax vs. M/s.Zest Holdings Pvt. Ltd., as also Income Tax Appeal No.238 of 2008 Commissioner of Income Tax vs. M/s.Cascade Holdings Pvt. Ltd., decided on 31st July, 2008. Considering the above, there is no merit in this Appeal which is accordingly dismissed. (R.S.MOHITE, J.) (F.I.REBELLO,J.) (R.S.MOHITE, J.) (F.I.REBELLO,J.)