The Commissioner Of Income Tax v. Shri. Mohanlal K. Shah(Huf

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.210 OF 2006 The Commissioner of Income Tax. Vs. Shri. Mohanlal K. Shah(HUF). Mr. R. Ashokan with Mr.P.S.Sahadevan for theAppellant. Mr. B.D. Damodar i/by Kanga & Co. for the Respondent. ..Appellant...Respondent. CORAM : F.I. REBELLO &R.S. MOHITE, JJ.DATED : 26th March,2008. PC : 1. Heard parties. 2. The substantial questions of law as framed in the appeal memo are as under. assessee HUF or in the hands of the coparceners? C) Whether the payments to coparceners by the HUF is to be taken into account for deductions from the capital gains? 3. The transfer of assets were by way of partition byan arbitration award. For this purpose the respondenthad taken the shelter of Section 47(i) of the Act whichprovided that nothing contained in Section 45 would apply to transfer by total or partial partition of a Hindu undivided family. 4. The application under section 171 was decidedagainst the assessee and by the CIT (Appeals) but ITATallowed the respondent’s appeal and we have by ourseparate judgment and order passed today in Income Tax Appeal Lodging No.209 of 2008, dismissed the said appeal filed by the present appellant. 5. In view of our order passed today in Income TaxAppeal Lodging No.209 of 2008, the questions as framed in the present appeal will not arise and hence this appeal is summarily dismissed. (R.S. MOHITE, J.) (F.I. REBELLO, J.)