IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WEALTH TAX APPLICATION NO. 5 OF 2000 The Commissioner of Wealth Tax, Mumbai .. Applicant V/s. M/s. A.H. Bhiwandiwalla & Co. Pvt. Ltd., Mumbai .. Respondent WITH WEALTH TAX APPLICATION NO. 6 OF 2000 The Commissioner of Wealth Tax, Mumbai .. Applicant V/s. M/s. A.H. Bhiwandiwalla & Co. Pvt. Ltd., Mumbai .. Respondent WITH WEALTH TAX APPLICATION NO. 8 OF 2000 The Commissioner of Wealth Tax, Mumbai .. Applicant V/s. M/s. A.H. Bhiwandiwalla & Co. Pvt. Ltd., Mumbai .. Respondent Mr. R.V. Desai, Sr. Advocate with Mr. R. Ashokan for the Applicant None present for the Respondent. CORAM : S. RADHAKRISHNAN & CORAM : S. RADHAKRISHNAN & CORAM : S. RADHAKRISHNAN & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED : 04.03.2005 DATED : 04.03.2005 DATED : 04.03.2005 P.C.:- P.C.:- P.C.:- 1. Heard the learned counsel for the Applicant. The issue raised in the above deals with the valuation of the plot of land leased to a co-operative housing society. The Officer has valued the plot by capitalising at an yield of 8% per annum. The Tribunal has allowed at the rate of 15% per annum by following the decision in the case of Bhikhoo K. Bahadurji in WTA No. 2062/Bom/90. Bhikhoo K. Bahadurji in WTA No. 2062/Bom/90. Bhikhoo K. Bahadurji in WTA No. 2062/Bom/90. The Revenue is unable to make a statement, whether the ( 2 ) above decision has been challenged or not. In view of the above, the decision has become final and in any event the decision is based on a question of fact and as such, there is no substantial question of law involved in the above, hence the Applications stand dismissed. (S. RADHAKRISHNAN, J.) (S. RADHAKRISHNAN, J.) (S. RADHAKRISHNAN, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)