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Calcutta High Court

Azimganj Estates Pvt.Ltd vs Commissioner Of Income Tax-Iii on 8 April, 2009

Author: Subhro Kamal Mukherjee

Bench: Subhro Kamal Mukherjee

                             ITA No. 64 of 2009

                       IN THE HIGH COURT AT CALCUTTA

                               ORIGINAL SIDE




                         AZIMGANJ ESTATES PVT.LTD.

                                  Versus

                  COMMISSIONER OF INCOME TAX-III, KOLKATA



   BEFORE:

    The Hon'ble JUSTICE SUBHRO KAMAL MUKHERJEE

    The Hon'ble JUSTICE KALIDAS MUKHERJEE

    Date : 8th April, 2009.

                                 Mr.Ananda Sen, Advocate for the appellant.


    The   Court   :   This   appeal   will   be   heard   on   the   following

substantial question of law :-

    Whether the Tribunal substantially erred in law in holding

that the rental income derived by the appellant from letting out

unsold flats was assessable under the head business income and not

under the head income from house property?

    Call for the records.

    The appellant is directed to put in requisite for effecting

service of notice of this appeal on the respondent by registered

post with acknowledgment due.

Let such requisite be put by one week from this date.

2

The appellant is directed to prepare and file requisite number of informal paper books, printed, type written or cyclostyle, as the case may be, out of Court, within two months.

Liberty to mention when the appeal become ready for hearing.

(SUBHRO KAMAL MUKHERJEE, J.) (KALIDAS MUKHERJEE, J.) S.Das Assistant Registrar (CR)