Itxa/1533/2012 Of Commissioner Of Income Tax - 10 v. M/S. Neelkanth Urban Developers Pvt.ltd

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1533 OF 2012 The Commissioner of Income Tax-10, Mumbai ..Appellant. V/s. M/s. Neelkanth Urba Developers Pvt. Ltd. ..Respondent. Mr. Teejveer Singh 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, in law, was right in confirming the order of CIT(A), whereby it is held that the disallowance of expenses u/s.14A of the I.T. Act for AY's prior to A.Y. 2008-09 cannot be made as per the method of computation prescribed under Rule 8D of the IT Rules, relying on the judgment of the jurisdictional High Court in itxa1533-12 the case of Godrej and Boyce Mfg.Co.Ltd. 328 ITR 81 without appreciating the fact that the judgment has not been accepted by the revenue and an SLP has been proposed ? “ 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.)