1 itxa4329-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.4329 OF 2010 Jaybharat Cooperative Housing Society Limited, Mumbai ..Appellant. Versus Income Tax Officer, 15(2)(4), Mumbai & Another ..Respondent. Mr.S.J. Mehta for the appellant. Mr.Ravindra Lokhande for the respondent. CORAM : J.P. Devadhar & A.A. Sayed, JJ. DATE : 29th July, 2011. P.C. : 1. By consent, order dated 13th July 2011 is recalled. 2. Heard. Admit on the following substantial question of law. "Whether on the facts and in the circumstances of the case, the income of Rs.27,25,835/- is exempt in the hands of the Appellant ?" 3. Counsel for the parties state that the above question is answered in favour of the assessee and against the Revenue by the decision of this Court in the case of Sind Co-operative Housing Society V/s. Income-tax Officer reported in (2009) 317 ITR 47 (Bom). 4. Accordingly, the appeal is allowed by answering the question in favour of the assessee and against the Revenue. (A.A. Sayed, J.) (J.P. Devadhar, J.)