Bombay High Court
M/S. Friends Co-Operative Housing ... vs Commissioner Of Income Tax 21 And Anr on 5 November, 2019
Author: Nitin Jamdar
Bench: M.S.Sanklecha, Nitin Jamdar
1 63 to 67 & 81 ITXA 1109-17 & Ors. ......doc
Sequeira
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO. 1109 OF 2017
M/s.Vallabhnagar Co-operative Housing Soc. Ltd. .. Appellant
Vs
Commissioner of Income Tax 21 Mumbai & Anr. .. Respondents
Along with
INCOME TAX APPEAL NO. 1110 OF 2017
M/s.Vithalnagar Co-operative Housing Soc. Ltd. .. Appellant
Vs
Commissioner of Income Tax 21 Mumbai & Anr. .. Respondents
Along with
INCOME TAX APPEAL NO. 1113 OF 2017
M/s.Presidency Co-operative Housing Soc. Ltd. .. Appellant
Vs
Commissioner of Income Tax 21 Mumbai & Anr. .. Respondents
Along with
INCOME TAX APPEAL NO. 1115 OF 2017
M/s.Suvarana Nagar Co-operative Housing Soc. Ltd. .. Appellant
Vs
Commissioner of Income Tax 21 Mumbai & Anr. .. Respondents
Along with
INCOME TAX APPEAL NO. 1119 OF 2017
M/s.Friends Co-operative Housing Soc. Ltd. .. Appellant
Vs
Commissioner of Income Tax 21 Mumbai & Anr. .. Respondents
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2 63 to 67 & 81 ITXA 1109-17 & Ors. ......doc
Along with
INCOME TAX APPEAL NO. 1138 OF 2017
M/s.Azad Nagar Co-operative Housing Soc. Ltd. .. Appellant
Vs
Commissioner of Income Tax 21 Mumbai & Anr. .. Respondents
A.Vasanji a/w Mr.S.J.Mehta, for the Appellant.
Mr.N.C.Mohanty, for Respondents.
CORAM : M.S.SANKLECHA &
NITIN JAMDAR, JJ.
Date : 5 November 2019.
P.C. :
Heard. All these Appeals relate to Assessment Year 2004-05.
2. All the above Appeals are admitted on identical substantial questions of law as under :
'(i) Whether on the facts and circumstances of the case and in law was the Tribunal justified in holding that the provision of section 50C of the Income Tax Act, 1961 would apply in case of a plot earmarked as a public place in the Development Plan?
(ii) Whether on the facts and circumstances of the case and in law the Tribunal was justified in holding that the power of the Commissioner of Income Tax to exercise jurisdiction under section 263 of the Act, was saved by virtue of Explanation 1(c) to section 263(1) of the Act?' ::: Uploaded on - 07/11/2019 ::: Downloaded on - 07/11/2019 21:07:19 :::
3 63 to 67 & 81 ITXA 1109-17 & Ors. ......doc
3. Mr.Mohanty, learned counsel for the Respondents waives service.
(NITIN JAMDAR, J.) (M.S.SANKLECHA, J.) ::: Uploaded on - 07/11/2019 ::: Downloaded on - 07/11/2019 21:07:19 :::