bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 183 OF OF 2005 The Commissioner of Income Tax ..Appellant Vs. M/s.Anita Enterprises ..Respondent Mr.A.S.Shivsharan for appellant. CORAM :- V.C.DAGA & J.P.DEVADHAR,JJ. DATE : 28TH AUGUST, 2009 P.C. 1. Heard learned Counsel for the parties. 2. The Tribunal, relying upon the judgment of this Court came to the conclusion that the part of the plot was non developable and hence it was not stock in trade. So far as subject estate is concerned, the Tribunal has recorded a finding of fact that the profit arising from TDR should be termed as capital gain as such not assessable to tax. The view taken by the Tribunal is a reasonable and possible view. In this view of the matter, we see no substantial question of law involved in this appeal. The same stands dismissed for want of substantial question of law with no order as to costs. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)