Itxa/1232/2013 Of Commissioner Of Income Tax -12 v. M/S A.g. Enterprises

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL (LOD) NO.456 OF 2013 The Commissioner of Income Tax-12, Mumbai ..Appellant. V/s. M/s. A.G. Enterprises ..Respondent. Mr. P.C. Chhotaray with Vipul Bahjpayee for the appellant.None for the respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATED : 1ST APRIL, 2013 P.C. :- 1.In this appeal by the revenue for the assessment year 2007-08, following question of law has been raised for our consideration:- “ Whether on the facts and in the circumstance of the case and in law, the Tribunal was justified in holding that the decision of CIT(A) in directing the AO to compute reasonable disallowance u/s.14A following the direction of the Bombay High Court in the itxal-456-13 case of Godrej & Boyce Ltd. by overlooking the fact that the assessee itself had agreed vide order sheet entry dated 23/10/2009 to addition of Rs.43,64,557/- r/w. Rule 8D for which the assessee had no objection ? 2.The Tribunal by the impugned order has upheld the order of the CIT(A) in remanding the issue to the Assessing Officer to recompute the disallowance under Section 14A of the Income Tax Act, 1961 by keeping in mind the decision of this Court in Godrej & Boyce Mfg. Co. Ltd. V/s. DCIT reported in [2010] 328 ITR 81 (Bom). In the above view of the matter, we see no reason to entertain the proposed question of law. 3.Accordingly, the appeal is dismissed with no order as to costs. (M.S. SANKLECHA, J.) (J.P. DEVADHAR, J.)