The Commissioner Of Income Tax-3Mumbai v. M/S. Icici Bank Ltd.mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 6236 OF 2010 The Commissioner of Income Tax-3Mumbai..Appellant versus M/s. ICICI Bank Ltd.Mumbai..Respondent -------- Mr. Vimal Gupta, Senior Advocate i/b Ms. Padma Diwakar for the Appellant.Ms. Aarti Vissanji with Mr.S.P. Mehta for the Respondent. ............. CORAM : J.P. DEVADHAR & M.S.SANKLECHA, JJ. DATE : 16[th] October, 2012 P.C. : 1 Heard. Admit on the following question of law.: “Whether on the facts and in the circumstances of the case the Tribunal was right in law in deleting the interest u/s 234B of the Act relying on the order of the Tribunal for the AY 2000-01 in the assessee's own case, without appreciating the fact that issue has not been attained finality as the decision of the Tribunal has not been accepted by the Revenue and already filed an appeal u/s. 260A before the High Court?” 2This appeal arises out of the Assessment order passed by the Assessing Officer by giving effect to the order passed by the CIT under Section 263 of the Income Tax Act, 1961. Admittedly the appeal filed by the assessee against the order of the CIT under Section 263 was allowed by the ITAT and the appeal filed by the Revenue against the order of the ITAT being Income Tax Appeal No.6533 of 2010 was dismissed by this court on 08.02.2012. Since the order of CIT under Section 263 stands set aside the assessment order passed as per the direction of the CIT under Section 263 cannot be sustained. Accordingly, the appeal is dismissed with no order as to costs. (M.S. SANKLECHA, J.) (J.P.DEVADHAR, J.)