Itxa/320/2012 Of Associted Aluminium Industries P. Ltd v. Asstt. Commissioner Of Income Tax Circle -6 (1)

pvr 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.320 OF 2012 Associated Aluminium Industries P.Ltd. ..Appellant Vs.Asstt. Commissioner of Income Tax..Respondent ........... Mr.Abhishek Tilak i/b. Mr.S.G.Dalal & Mr.Kunal U.Gokhale, for the Appellant.Mr.P.C.Chhotaray, for the Respondent. ........... CORAM: S.C. DHARMADHIKARI &G. S. KULKARNI, JJ. PC: DATE :- 26[th] March, 2014--- 1.Having heard the learned Counsel appearing on behalf of the Appellant-Assessee, we are of the view that this appeal does not raise any substantial questions of law. The Tribunal has, after hearing both the sides and perusing the entire record, found that the order of the Commissioner of Income Tax (Appeals) deserves to be confirmed. The finding is rendered after considering the entire record and in paragraph (6) of the Tribunal's order a reference is also made to the decision in the appeal. In so far as the interest on letter of credit discounting is concerned, the Tribunal found that there is no proper material on record. The facts have not been discussed by the lower Authorities. Therefore, the order of the Commissioner of Income Tax (Appeals) is set aside and equally that of the Assessing Officer and the matter is remitted to pvr the Assessing Officer to verify the interest on letter of credit discounting and to decide the issue in accordance with law. To that extent, the appellant's request has been partly granted. To our mind, such an exercise is essentially based on the facts which does not give rise to any substantial question of law. 2.The Tribunal's order cannot be termed as perverse or vitiated by apparent error of law to enable us to entertain this appeal. The appeal is, accordingly, dismissed. No costs. (G. S. KULKARNI, J.) (S.C. DHARMADHIKARI, J.)