Supreme Court Of India
CIT, Mumbai vs. Romesh Sharma
Assessment Year : 1994-95
Section : 80HHC
S.H. Kapadia, CJI. And Madan B. Lokur, J.
Civil Appeal Nos. 6093 & 6094 Of 2008
September 4, 2012
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  313 ITR 149 / 178 Taxman 457 (SC). Following the said decision, these civil appeals filed by the Department are dismissed.
No order as to costs.
[Citation : 354 ITR 229]