Itxa/1453/2012 Of Commissioner Of Income Tax - 6 v. M/S.goodlas Nerolac Paintsltd., (Kansai Nerolac Paints Ltd.,)

sas itxa1453-12 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1453 OF 2012 The Commissioner of Income Tax-6, Mumbai ..Appellant. V/s. M/s. Goodlass Nerolac Paints Ltd.(Kansa Nerolan Paints Ltd.) ..Respondent. Ms. S.V. Bharucha for the appellant. Ms. Aarti Vissanji with S.P. Mehta 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 2001-02, the following question of law is proposed to be raised for our consideration:- “ Whether on the facts and in the circumstances of the case and in law, the ITAT was justified in directing the assessing officer to recompute the disallowance u/s.14A on a reasonable basis after relying on the judgment of the Bombay High Court in the case of Godrej and Boyce Mfg.Co.Ltd. V/s. DCIT (2010), [328 ITR 81] (Bom) without appreciating the fact that the judgment of Bombay High Court has not been accepted by the revenue and is challenged by filing an SLP in the Supreme Court ? “ 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.)