SUPREME COURT OF INDIA

Commissioner of Income-tax, Mumbai

v.

Romesh Sharma

CIVIL APPEAL NOS. 6093 & 6094 OF 2008

Date of Pronouncement – SEPTEMBER 4, 2012

ORDER

These civil appeals filed by the Department concern Assessment Year 1994-1995.

The issue involved in these appeals is, whether leasing rights can be considered to be ‘goods’ and whether transfer of such rights would constitute ‘sale’?”

This issue is answered in favour of the assessee in the case of CIT v. B. Suresh [2009] 313 ITR 149. Following the said decision, these civil appeals filed by the Department are dismissed.

No order as to costs.