Itxa/1536/2013 Of Commissioner Of Income Tax - Central Ii v. M/S The Indian Hume Pipe Co.ltd

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (LOD) NO.368 OF 2013 The Commissioner of Income Tax-II, Mumbai ..Appellant. V/s. M/s. The Indian Hume Pipe Co. Ltd...Respondent. Mr. A.R. Malhotra with Padma Divakar for the appellant.Mr. Satish R. Mody with Aasifa Khan for the respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ.DATED : 21ST MARCH, 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 Rule 8D of the I.T. Rules, 1962 is a provision of substantive law not applicable to years prior to the assessment year 2008-09 or whether it is only procedural and attracted to all pending cases in line with the principles laid down in Commissioner of Wealth Tax V/s. Shrawan Kumar Swarup & Sons 210 ITR 886 (SC) and therefore, whether the Tribunal is right in holding that Rule 8D would not apply to the case of the assessee for the relevant assessment year, 2007-08 ? ” 2.The Tribunal by the impugned order has restored the issue to the Assessing Officer to consider the disallowance to be made under Section 14A of the Income Tax Act, 1961, keeping in view the order of this Court in the matter of M/s.Godrej & Boyce Mfg. Co. Ltd. V/s. DCIT & Anr. reported in [2010] 328 ITR 81 (Bom). As the matter has been remanded for readjudication in the light of the order of this Court in Godrej & Boyce Ltd. (supra), we see no reason to entertain this appeal. 3.Accordingly, the appeal is dismissed with no order as to costs. (M.S. SANKLECHA, J.) (J.P. DEVADHAR, J.)