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Calcutta High Court

Commissioner Of Income Tax vs M/S. Bengal Ambuja Housing Development ... on 16 December, 2008

Author: Pinaki Chandra Ghose

Bench: Pinaki Chandra Ghose

                          ITA No. 819 of 2008
                         G.A. No. 3915 of 2008

                IN THE HIGH COURT AT CALCUTTA

   Constitutional Writ/Civil Appellate/Ordinary Original Civil Jurisdiction

                    ORIGINAL SIDE


COMMISSIONER OF INCOME TAX, KOLKATA-IV     Plaintiff/Petitioner/Applicant

    Versus

M/S. BENGAL AMBUJA HOUSING DEVELOPMENT L   Defendant/Respondent

TD BEFORE:

The Hon'ble JUSTICE PINAKI CHANDRA GHOSE The Hon'ble JUSTICE PARTHA SAKHA DATTA Date : 16th December, 2008.
The Court :- We are satisfied with the grounds made in the petition for condonation of delay. Hence delay is condoned. Accordingly, the application being G.A. No.3915 of 2008 is allowed.
The similar matter came before this Bench in respect of the same assessee and has already been decided in favour of the assessee by this Court and the learned Tribunal relying upon the said order rejected the appeal.
In these circumstances, we do not find that there is any substantial question of law involved in this matter.Hence the appeal is dismissed.
Leave is given to file Vokalatnama by to-morrow.
All parties concerned are to act on a signed copy of the minutes of this order on the usual undertakings.
Urgent xerox certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(PINAKI CHANDRA GHOSE, J.) (PARTHA SAKHA DATTA, J.) dg/