Of Maxop Investment Ltd v. Commissioner Of

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 2035 of 2009 ========================================================== CORE HEALTH CARE LIMITED VersusASSISTANT COMMISSIONER OF INCOME TAX ========================================================== Appearance: MRS SWATI SOPARKAR(870) for the Appellant(s) No. 1M R BHATT & CO.(5953) for the Opponent(s) No. 1========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMARand HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI Date : 14/09/2022 ORAL ORDER (PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR) 1.This appeal came to be admitted on 02.11.2009 to consider following substantial question of law : “Whether in the facts and circumstances of the caseand on a proper interpretation of relevant provision ofIncome Tax Act, 1961, the Income Tax AppellateTribunal was right in law in sending back the matter tothe file of Assessing Officer and direct him to decidethis issue in view of the Rule 8D of the I.T. Rules, 1962and the decision of Mumbai Special Bench in the caseof Daga Capital Investment Pvt. Ltd.?” 2.The issue relating to merits of the case is said to have been laid to rest by the Hon’ble Apex Court in the case of MAXOP Investment Ltd. versus Commissioner of Income Tax reported in (2018) 402 ITR 640(SC). 3.Hence, without expressing any opinion on the merits,we direct the jurisdictional Assessing Officer to examine theclaim in light of law laid down by the Hon’ble Apex Court. 4. Present Tax Appeal stands disposed of accordingly. (ARAVIND KUMAR,CJ) AMAR SINGH (ASHUTOSH J. SHASTRI, J)