-1- bpk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.740 OF 2008 Trilochana K. Doshi : Appellant v/s Asst. Commissioner of Income Tax: Respondent Mr. Sameer G. Dalal for Appellant Mr. Vimal Gupta for respondent Coram : Dr. S. Radhakrishnan S.J. Kathawalla, JJ. Date : 24.9.2008 P.C. . Heard the learned counsel for the appellant and the learned counsel for the respondent. . By the above appeal the appellant is seeking to raise the following two questions of law. 2. Whether in the facts and the circumstances of the case and in law, the Tribunal erred in conforming the disallowance of the capital loss of Rs. 4,40,002/- as claimed by the Appellant on sale of tenancy right in the flat? 3. Whether in the facts and the circumstances of the case and in law, the Tribunal erred in confirming the disallowance of the capital loss of Rs. 1,48,875/- as claimed by the Appellant on transactions with M/s.D.L. Taswala? . The learned counsel for the appellant is not pressing question no.1. . As far as question no.2 is concerned we have perused the judgment of the Income Tax Appeal dt. -2- 8.12.2006 wherein in paragraph 6,7 and 8 the Tribunal has categorically given a finding that the purported tenancy agreement is with regard to the premises in a building which building itself was not in existence at the relevant time. Obviously no tenancy could be created when the building itself is not in existence and premises was not in existence. Tribunal has clearly given a finding that appellant assessee is not entitled to claim the purported capital loss. . As far as question no.3 is concerned in paragraphs 9 and 10 the Tribunal has observed that assessee had not filed relevant papers before the assessing officer and infact on both the aforesaid questions both the assessing officer as well as CIT(A) have observed that there is no evidence. We do not find any substantial question of law in the above appeal. Appeal stands dismissed. (S.J. Kathawalla,J.) (Dr. S.Radhakrishnan,J.)