Itxa/674/2012 Of Commissioner Of Income Tax-1 v. M/S. Kotak Mahindra Old Mutual Life Insurance Ltd

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.674 OF 2012 Commissioner of Income Tax-1, Mumbai..Appellant. V/s. M/s.Kotak Mahindra Old Mutual LifeInsurance Ltd. ..Respondent. Mr.Suresh Kumar for the appellant. Mr.F.V.Irani with Mr. P.C.Tripathi i/b. Mr.A.K.Jasani for the respondent. CORAM : S.C.DHARMADHIKARI AND A.K. MENON, JJ. DATED : 22ND AUGUST, 2014 P.C. :- 1.The revenue has filed this appeal against the order and direction of the Tribunal in ITA No.63 and No491/Mum/2010 dated 25[th ]November, 2011. The assessment year is 2006-07. 2.Upon careful reading of the order passed by the Tribunal, we are of the opinion that the Tribunal allowed the assessee's appeal ITA No.63 & 491/Mum/2010 simply because the assessing officer had not examined the issue in its entirety. The assessing officer has not considered whether section 115WB and sub-sections (1) & (2) thereof applies or not to the case at hand. In the facts and circumstances and when the Tribunal admitted additional evidence, then, all the more an order of remand to the assessing officer cannot be faulted. The observation and conclusion of the Tribunal as recorded in para 10 are termed as command to the assessing officer by Mr. Suresh Kumar. He submits that it is a reasonable apprehension for the Revenue to approach this Court as the Tribunal's commands are binding and the A.O. must abide by the exposition of law and act as directed in para 10. 3.Upon reading of the entire order, we do not think so and we disagree with Mr.Suresh Kumar as the issue is restored back to the file of the assessing officer for adjudication afresh and the assessing officer is directed to apply the law as laid down by the Tribunal. However, that does not mean that the assessing officer is obliged to accept the case of the other side. The assessing officer is required to examine the issue afresh and pass an order in accordance with law. Such direction either accompanied by any other or further observations or findings cannot persuade us to entertain an appeal. The appeal does not raise any substantial question of law and it is accordingly dismissed. No costs. (A.K. MENON, J.) (S.C.DHARMADHIKARI, J.)