1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1351 OF 2009 The Commissioner of Income Tax - 14, Mumbai ..Appellant. Versus M/s.Krishnakumar & Co. ..Respondent. Mr.D.K. Kamwal for the appellant. None for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATE : 12TH AUGUST 2009 P.C. : 1. Heard learned counsel for the revenue. The tribunal has appreciated the documents available on record and after considering the terms and conditions thereof, has rightly held that the transaction was not in the nature of transfer of capital asset, since it was a development agreement. The finding of fact recorded in this behalf cannot be faulted. No substantial question of law can be said to be raised in this appeal. The appeal is thus dismissed in limine with no order as to costs. (J.P. Devadhar, J.) (V.C. Daga, J.)