Itxa/2421/2011 Of The Commissioner Of Income Tax-7 v. M/S. Rediff.com India Lim Ited

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2421 OF 2011 The Commissioner of Income Tax-7, Mumbai ..Appellant. V/s. M/s. Rediff.com India Ltd. ..Respondent. Mr. Abhay Ahuja for the appellant. Mr. B.D. Damodar i/b. Kanga & Co. for the respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATED : 4TH MARCH, 2013 P.C. :- 1.In this appeal by the revenue for the assessment year 2002-03, following questions of law has been raised for our consideration:- “ Whether in the facts and the circumstances of the case and in law, the ITAT was correct in setting aside the order of the CIT (A) and restoring the issue of treating the software and product development expenses of Rs.4,24,37,733/- as capital in nature to the file of the assessing officer with a direction to decide the issue afresh in the light of the decision of the Special Bench of the ITAT, Delhi in the case of Amway Enterprises V/s. DCIT [301 ITR (AT) 1 (Del. SB] even though the revenue had not accepted the decision of the Special Bench of ITAT, Delhi in the case of Amway Enterprises (supra) ?” 2.Since the Tribunal by the impugned order dated 25[th] May, 2011 has restored the issue raised in this appeal for fresh adjudication to the assessing officer to decide the same in the light of the Special Bench decision of the Tribunal in the matter of Amway Enterprises V/s. DCIT [301 ITR (AT) 1 (Del. SB], we see no reason to entertain the proposed question of law at this stage. However, it is made clear that the assessing officer will consider all decisions which are relevant to the issue before finally disposing of the matter. 3.All contentions are left open to be urged by the parties before the assessing officer. 4.Accordingly, the appeal is disposed of with above directions. No order as to costs. (M.S. SANKLECHA, J.) (J.P. DEVADHAR, J.)