The Commissioner Of Income Tax v. Muksh G.desai (Huf

bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1766 OF 2009 The Commissioner of Income Tax Vs. Muksh G.Desai (HUF) ..Appellant ..Respondent Ms.Suchitra Kamble for appellant.Ms.Aarti Sathe for respondent. P.C. CORAM :- V.C.DAGA &J.P.DEVADHAR,JJ. 7TH OCTOBER, 2009 DATE : 1.Heard learned Counsel for the parties.Perused appeal.Perused appeal. 2.The question sought to be raised in the appeal revolves around the question as to whether the respondent assessee was entitled for benefit of exemption under Section 54(F) of the Income Tax Act. We were taken through the order of the Tribunal. The Tribunal has considered the factual as well as legal position and has relied upon the earlier judgment of the Tribunal which is still holding the field in the case of Asstt. CIT Vs. Smt.Sunder Kaur Sujan Singh Gadh (2005) 3 SOT 206 (Mum)and also a judgment of the M.P.High Court in the case of Smt.Shashi Varma. The Tribunal has also relied upon a Circular issued by the Central Board of Direct Taxes which is binding on the Revenue. 3.Taking over-all view, no perversity could be demonstrated by the Revenue in the impugned order. In this view of the matter, appeal stands dismissed in limine for want of substantial question of law with no order as to costs. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)