-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Income Tax Appeal No.838 of 2000 The Commissioner of Income Tax ..Appellant vs. Grand Woods Works & Saw Mills ..Respondent Mr.D.K.Kanwal for appellant. Mr.A.K.Jasani for respondent. CORAM: Dr.S.RADHAKRISHNAN & CORAM: Dr.S.RADHAKRISHNAN & CORAM: Dr.S.RADHAKRISHNAN & S.J.KATHAWALLA JJ. S.J.KATHAWALLA JJ. S.J.KATHAWALLA JJ. 4th September,2008 4th September,2008 4th September,2008 P.C. P.C. P.C. 1. Heard the learned Counsel appearing for the appellant and the learned Counsel appearing for the respondent. 2. When the above matter was on board on the last occasion, the learned Counsel appearing for the respondent Mr.Jasani pointed out that in the light of the order passed by the Hon’ble Supreme Court dated 13th January, 2004 the payment of enhanced rent by the respondent to the Bombay Port Trust which was originally Rs.19,21,972/- was reduced to Rs.1,08,840.96 as stated in paragraph 9 of the affidavit dated 4th September, 2008. Paragraph 9 reads as under: -2- "9. I say that I would be satisfied if the respondent is allowed the deduction to the extent of the actual enhanced rent of Rs.108,840.96 (26,257.51 + 82,583.45) paid by the respondent as against the claim of deduction based upon the original enhanced rent of Rs.19,21,972 (5,92,784 + 13,29,188) and I agree to pay taxes, if any, in accordance with law on the same." 3. In the said affidavit, the respondent/assessee has categorically stated that the appellant/revenue may only allow deduction to the extent of Rs.1,08,840.96 instead of Rs.19,21,972/- which was upheld by the ITAT in the impugned order. 4. In the light of the aforesaid statement of the assessee in the affidavit dated 4th September, 2008, the learned Counsel for the revenue Mr.Kanwal stated that the appellant would be satisfied if the appellant is allowed to claim the actual enhanced rent of Rs.1,08,840.96 instead of Rs.19,21,972/- and that the revenue would accordingly calculate the arrears of tax and demand in accordance with law would be made with regard to the same from the assessee. Mr.Jasani, learned Counsel appearing -3- for the respondent states that as soon as such demand is made assessee will pay the amount. In the light of the above nothing further requires to be done in the appeal. The appeal stands disposed of. No order as to costs. (S.J.KATHAWALLA J.) (Dr.S.RADHAKRISHNAN J.) (S.J.KATHAWALLA J.) (Dr.S.RADHAKRISHNAN J.) (S.J.KATHAWALLA J.) (Dr.S.RADHAKRISHNAN J.)