:1: 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 ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.210 OF 2006 The Commissioner of Income Tax. ..Appellant. Vs. Shri. Mohanlal K. Shah(HUF). ..Respondent. Mr. R. Ashokan with Mr.P.S.Sahadevan for the Appellant. Mr. B.D. Damodar i/by Kanga & Co. for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 26th March,2008. PC : 1. Heard parties. 2. The substantial questions of law as framed in the appeal memo are as under. A) Whether on the facts and in the circumstances of the case and in law the Tribunal erred in holding that the capital gains is not to be taxed in the hands of the assessee HUF once it has been taxed in the hands of the coparcener in his individual capacity? B) Whether on the facts and in the circumstances of the case and in law, the long term capital gains is to be assessed in the hands of the assessee HUF or in the hands of the coparceners? :2: C) Whether the payments to coparceners by the HUF is to be taken into account for deductions from the capital gains? 3. The transfer of assets were by way of partition by an arbitration award. For this purpose the respondent had taken the shelter of Section 47(i) of the Act which provided that nothing contained in Section 45 would apply to transfer by total or partial partition of a Hindu undivided family. 4. The application under section 171 was decided against the assessee and by the CIT (Appeals) but ITAT allowed the respondent’s appeal and we have by our separate judgment and order passed today in Income Tax Appeal Lodging No.209 of 2008, dismissed the said appeal filed by the present appellant. 5. In view of our order passed today in Income Tax Appeal Lodging No.209 of 2008, the questions as framed in the present appeal will not arise and hence this appeal is summarily dismissed. (R.S. MOHITE, J.) (F.I. REBELLO, J.)