Itxa/1446/2012 Of Commissioner Of Income Tax 5 v. M/S Jindal South West Holdings Ltd

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1446 OF 2012 The Commissioner of Income Tax-5, Mumbai ..Appellant. V/s. M/s. Jindal South West Holdings Ltd. ..Respondent. Mr. Abhay ahuja for the appellant. None for the respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATED : 21ST JANUARY, 2013 P.C. :- 1.In this appeal filed by the revenue relating to assessment year 2007-08, the following question of law is proposed to be raised for our consideration:- “ Whether on the facts and in the circumstances of the case, the Tribunal was right in law in holding that theapplication of Rule 8D of IT Rules is prospective in nature and is applicable from AY 2008-09 ? 2.Since the Tribunal by following the decision of this Court in the matter Godrej Boyce Mfg. Co. Ltd. V/s. DCIT reported in [2010] 328 ITR 81 (Bom) has restored the matter back to the assessing officer for fresh decision, we see no reason to entertain the proposed question of law. Accordingly, the appeal is disposed of with no order as to costs. (M S. SANKLECHA, J.) (J.P. DEVADHAR, J.)