1 itxa 95-10 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.95 OF 2010 The Commissioner of Income Tax-III ..Appellant. V/s. Mr. Sanjay Narang ..Respondent. Mr. Suresh Kumar for appellant. Mr. Jitendra Jain with Jas Sanghvi i/b. PDS Legal for respondent. CORAM : J.P. DEVADHAR AND R.M. SAVANT, JJ. DATED : 22ND NOVEMBER, 2010 P.C. :- 1. Heard learned counsel for the parties. The question raised by the revenue in this appeal against the order of the Tribunal dated 26/10/2007 reads as under:- “ Whether on the facts and in the circumstances of the case, the ITAT was right in deleting addition under section 28(iv) amounting to Rs.27.29 lakhs regarding benefit from use of BMW car by the assessee ? “ 2. The finding of fact recorded by the Tribunal is that the car in 2 itxa 95-10 possession of the assessee on the date of search did not belong to the assessee and it belonged to M/s. PIEM Hotels Pvt. Ltd. The said car was in possession of the assessee as the assessee was rendering professional services to Taj Group of Hotels. The Tribunal further held that if the car did not belong to the assessee, then making any addition with reference to the value of the car does not arise. The Tribunal further held that the perquisite value of the car, if any, could not be made in block assessment. In our opinion, the decision of the Tribunal does not give rise to any substantial question of law. The appeal is dismissed with no order as to costs. (R.M. SAVANT, J.) (J.P. DEVADHAR, J.)