IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.579 OF 2001 The CIT-V .. Appellant V/s. Shri Narottam F.Chohan ..Respondent ---- Mr.Vimal Gupta with Mr.P.S.Sahadevan and R.K.Sharma for the appellant. Mr.Ashok N.Kotangale with Arjun D.Nagarjun for the respondent. ---- Coram : F.I.Rebello & Coram : F.I.Rebello & Coram : F.I.Rebello & R.S.Mohite,JJ R.S.Mohite,JJ R.S.Mohite,JJ Date : 26.02.2008. PC 1. In the instant case it is the assessee who was in appeal before the Tribunal. Learned Bench was pleased to give two different but concurring orders. In the order of the Accountant Member at paragraph-17 a clear finding was recorded that the possession of the property has not been passed on to the developer till date of the order and consequently capital gains are not taxable in the assessment year 1996-97. Similarly in paragraph-20 Accountant Member came to the conclusion that the possession was not with the developer. 2. Considering these findings of fact, in our opinion there is no error of law committed by the Tribunal and consequently, questions as framed in : 2 : paragraph-5 of the memo of appeal would not arise. 3. Even otherwise, on behalf of the assessee, learned Counsel points out that earlier development agreement was substituted by development agreement dated 20.1.2003 and the capital gains approved were offered during the assessment year 2003-2004 and have been accepted. 4. Considering the finding on first point, nothing survives in the appeal and accordingly same is dismissed. (R.S.Mohite,J) (F.I.Rebello,J) (R.S.Mohite,J) (F.I.Rebello,J) (R.S.Mohite,J) (F.I.Rebello,J)