The Commissioner Of Income Tax – 10, Mumbai v. M/S.global Trade Finance Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1020 OF 2012 The Commissioner of Income Tax – 10, Mumbai..Appellant. Versus M/s.Global Trade Finance Limited..Respondent. Mr.Tejveer Singh for the appellant.Mr.Sanjiv M. Shah for the respondent. CORAM : J.P. Devadhar &M.S. Sanklecha, JJ. DATE : 5[th] February 2013 P.C. : 1.In this appeal by the Revenue for assessment year 2006-2007, following re-framed question of law has been proposed for our consideration. “Whether, on the facts and in the circumstances of the case and in law, the Tribunal is justified in restoring the issue of disallowance under Section14A to the file of Assessing Officer to compute the disallowance afresh in view of the decision of the Hon'ble Bombay High Court in the case of Godrej & Boyce Mfg. Co. Limited 328 ITR 81 ?” 2.Since the Tribunal by the impugned order has restored the matter to the file of the assessing officer to examine disallowance under Section 14A after considering the decision of this Court in the case of Godrej & Boyce Manufacturing Company Limited V/s. Deputy Commissioner of Income Tax reported in (2010) 328 ITR 81 (Bom), we see no reason to entertain the proposed question of law. 3.The appeal is accordingly dismissed with no order as to costs. (M.S. Sanklecha, J.)(J.P. Devadhar, J.)