bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME INCOME INCOME TAX APPEAL NO.1165 OF 2008 TAX APPEAL NO.1165 OF 2008 TAX APPEAL NO.1165 OF 2008 WITH WITH WITH INCOME INCOME INCOME TAX APPEAL NO.1262 OF 2008 TAX APPEAL NO.1262 OF 2008 TAX APPEAL NO.1262 OF 2008 WITH WITH WITH INCOME INCOME INCOME TAX APPEAL (L) NO.285 OF 2008 TAX APPEAL (L) NO.285 OF 2008 TAX APPEAL (L) NO.285 OF 2008 The Commissioner of Income Tax ..Appellant Vs. M/s.B.Brothers Decorators ..Respondent Mr.K.R.Chaudhari for the Appellant. None for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & V.C.DAGA, V.C.DAGA, V.C.DAGA, JJ. JJ. JJ. DATE DATE DATE : 15TH DECEMBER, 2008 : 15TH DECEMBER, 2008 : 15TH DECEMBER, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the Appellant. None appeared for the Respondent, though served. All the above three appeals arise out of the common order dated 27th March, 2007 passed by the Income Tax Appellate Tribunal. By way of the present Appeals, the Revenue is seeking to raise the issue whether the consideration is a long term capital gain or a short term capital gain ? However, from the perusal of the judgment dated 27th March, 2007, it is clear that the Assessee had surrendered his tenancy premises and in view thereof, he has been allotted eight Galas which were subsequently transferred. 2. In view thereof and in view of the finding of fact given by the Tribunal and specially in the light of tenancy interest, no fault can be found in the :2: aforesaid finding of fact. There is no question of law involved in the above Appeals. Hence, all the Appeals stand dismissed. 3. It is made clear that the above Appeals are dismissed on merits notwithstanding the fact that the tax effect involved in all the above appeals is less than Rs.4,00,000/-. (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)