Itxa/1447/2012 Of Commissioner Of Income Tax Central-Iv v. Jik Industries

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1447 OF 2012 The Commissioner of Income Tax, Central Circle-IV, Mumbai ..Appellant. V/s. M/s. JIK Industries Ltd. ..Respondent. Mr. Arvind Pinto for the appellant. Dr. Shivram with Ajay Singh with Paras Savla 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:- (1)Whether on the facts and in the circumstances of the case, the Tribunal was justified in holding that Rule 8D is only applicant from the assessment year 2008-09 ?Tribunal was justified in holding that Rule 8D is only applicant from the assessment year 2008-09 ? (2)Whether on the facts and in the circumstances of the case, the Tribunal was right in restoring the matter to the file of the AO to make disallowances, when this exercise was already carried out by the A.O. ? 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.)