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 ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME INCOME INCOME TAX APPEAL NO.236 OF 2005 TAX APPEAL NO.236 OF 2005 TAX APPEAL NO.236 OF 2005 The Commissioner of Income- ... ... Appellant Tax -9, Mumbai Vs. M/s Agastmuni Constructions ... ... Respondents Pvt. Ltd., Mumbai Mr. P.S. Sahadevan for Appellant. CORAM CORAM CORAM : F.I. REBELLO & : F.I. REBELLO & : F.I. REBELLO & R.S. R.S. R.S. MOHITE, JJ. MOHITE, JJ. MOHITE, JJ. DATE DATE DATE : 19TH MARCH, 2008 : 19TH MARCH, 2008 : 19TH MARCH, 2008 P.C. P.C. P.C. : : :- 1) Admit on the questions of law as formulated in Para 4 of the Appeal Memo. 2) The learned Tribunal has confirmed the fact recorded by Commissioner of Appeals that no interest was paid by the purchaser of the flat to the Assessee. Learned Tribunal has examined four of the purchasers. Statement on behalf of the Assessee, one Motharam was also recorded. Both the Commissioner of Income-Tax and the Income Tax Appellate Tribunal came to the conclusion that there was no material for ‘reasons to believe’. The proceedings were pursuant to the Notice under Section 148 2 2) Considering the concurrent findings recorded in our opinion, no case is made out for interference. The questions of law do not arise. 3) Appeal is dismissed. ( F.I. REBELLO, J.) F.I. REBELLO, J.) F.I. REBELLO, J.) ( R.S. MOHITE, J.) R.S. MOHITE, J.) R.S. MOHITE, J.)