1 itxa4031-09 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.4031 OF 2009 The Commissioner of Income Tax-18 ..Appellant. V/s. Shashikant B. Garware, HUF ..Respondent. Mr. P.S. Sahadevan for appellant. None for respondent. CORAM : J.P. DEVADHAR AND R.M. SAVANT, JJ. DATED : 22ND NOVEMBER, 2010 P.C. :- 1. Heard. The question of law framed by the revenue reads as under:- " Whether on the facts and circumstances of the case and in law, the Tribunal was justified in holding the notional interest on deposits did not form part of the actual rent u/s. 23(1)(a) at which the property might reasonably be expected to let from year to year ? " 2. Counsel for the revenue fairly states that the aforesaid question is answered in favour of the assessee by the decision of this Court in the case of C.I.T. V/s. J.K. Investors reported in [2001] 248 ITR 723 (Bom). In the light of the said decision of this Court, the appeal is dismissed with no order as to costs. (R.M. SAVANT, J.) (J.P. DEVADHAR, J.)