:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WEALTH TAX APPEAL NO.1145 OF 2007 WITH WEALTH TAX APPEAL NO.1146 OF 2006 WITH WEALTH TAX APPEAL NO.1147 OF 2007 WITH WEALTH TAX APPEAL NO.1170 OF 2007 The Commissioner of Wealth Tax. ..Petitioner. Vs. M/s.Sanmann Distributors Pvt. Ltd. ..Respondent. Mr.P.S.Sahadevan for the Appellant. Mr. Parvez Alam i/by Roy’s Law Firm for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 6TH FEBRUARY,2008. PC : 1. In all these appeals the revenue has raised the following question. "Whether on the facts and in the circumstances of the case and in law the ITAT was justified in holding that the liability of Rs.1.29,29,000/- in respect of the flat was still subsisting? 2. The Tribunal in Para-5 of its order held as under. "After going through the rival submissions we are not inclined to concur with the findings of authorities below. Though we are not with assessee on the point of business use of flat because assessee has not substantiated its :2: contention regarding business use of flat in question. However, we find force in the contention of the assessee regarding liability on flat, even if liability has been compounded at end of BDA Ltd. It does not mean that the assessee has no liability. It is commercial decision of assessee to honour his liability. Even provisions of Limitation Act does not come in way if assessee went to clear his time barred liability in the interest of his business. Moreover, provisions of Sec.41 of the Act take care of situation in case situations goes in favour of assessee as far as liability in question is concerned. In view of above legal and factual discussion order of authorities below is set aside and Assessing Officer is directed accordingly". 3. This is purely a finding of fact. Considering the the above finding, the question of law as formulated would not arise and consequently the appeal dismissed. (R.S. MOHITE, J.) (F.I. REBELLO, J.)