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Calcutta High Court

Commissioner Of Income Tax vs M/S. Concrete Developers Ltd on 22 April, 2009

Author: Subhro Kamal Mukherjee

Bench: Subhro Kamal Mukherjee

                               ITA No. 62 of 2009

                      IN THE HIGH COURT AT CALCUTTA

                      Civil Appellate Jurisdiction

                                 ORIGINAL SIDE



           COMMISSIONER OF      INCOME TAX, KOLKATA - I, KOLKATA

                                      Versus

                      M/S. CONCRETE DEVELOPERS LTD.


For Appellant : Mr. P. Dudhoria, Advocate



BEFORE:

The Hon'ble JUSTICE SUBHRO KAMAL MUKHERJEE

The Hon'ble JUSTICE KALIDAS MUKHERJEE

Date : 22nd April, 2009.



            The   Court    :   This   appeal   will   be   heard   on   the   following

substantial question of law:



              Whether the rental income by a developer from undisposed of

              flats should be treated as income under the head "Income from

              House Property"?



            Call for records. Issue notice.

            The appellant is directed to put in requisite for effecting

service of notice of the appeal on the respondent by registered post with

acknowledgement due. Let such requisite be put in by ten days from this date.

2

The appellant is directed to prepare and file requisite number of informal paper books, printed, typewritten or cyclostyled, as the case may be, out of Court, within six weeks from this date.

Liberty to mention the appeal as and when the same is ready for hearing.

All parties concerned are to act on a signed xerox copy of this order on the usual undertakings.

(SUBHRO KAMAL MUKHERJEE, J.) (KALIDAS MUKHERJEE, J.) sm.

AR[CR]