ITO 4(2)(4), Mumbai vs. Marudhar Mudra P.Ltd, Mumbai
The appeal of the Revenue is dismissed
ITA 3166/MUM/2012[2007-08]Status: DisposedITAT Mumbai20 Nov 2015AY 2007-08
Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year 2007-08 Ito-4(2)(4), M/S Marudhar Mudra Pvt. Room No.647, 6Th Floor, Ltd. बनाम/ M.K. Road, 101-102, Chartered House, Vs. Aayakar Bhavan, 293-297, Dr. C.H.Street, Mumbai-400020 Marine Lines, Mumbai-400002 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No.Aabcm5764F
Section 73
…is a capital receipt accruing on transfer of capital asset. 5.5 Similar views have been also given by various courts and such decisions may be cited as under:- " CIT vs Smt T P Sidhwa (1982) 133 ITR 840 (Boni) " CIT vs Bombay Burma Trading Corporation (1987) 161 ITR 386(5C) " CIT vs Manna Ramji & Co.(1972) 86 ITR 29(5C) 5.6 Having regard to the facts and circumstances of the case and in the light of the aforesaid decisions, it is held that the LAO has wrongly charged compensation received by the appellant from cancellation of allotment rights in the premises allotted to the appellant under the head 'Income from…