1 itxa4122-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.4122 OF 2010 The Commissioner of Income Tax – 13, Mumbai ..Appellant. Versus Shri Chandrakant B. Shah ..Respondent. Mr.Suresh Kumar for the appellant. Ms.Aasifa Khan for the respondent. CORAM : J.P. Devadhar & K.K. Tated, JJ. DATE : 30th August, 2011. P.C. : 1. Following re-framed question of law is raised by the Revenue in this appeal. “Whether on the facts and in the circumstances of the case and in law, the Tribunal is correct in law in holding that while computing the capital gain payment made to the Developer towards the construction cost of the premises to the 13 tenants were liable to be excluded from the total consideration received by the assessee ?” 2. Counsel for the parties state that similar appeal filed by the Revenue in the case of a co-owner being Income Tax Appeal No.6034 of 2010 (CIT V/s. Milan D. Shah) has been dismissed by this Court on 4th August 2011. In this view of the matter, the present appeal is also dismissed with no order as to costs. (K.K. Tated, J.) (J.P. Devadhar, J.)