The Commissioner Of Income Tax - 5, Mumbai v. M/S.shankar Packaging Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.591 OF 2012 The Commissioner of Income Tax - 5, Mumbai..Appellant. Versus M/s.Shankar Packaging Limited ..Respondent. Mr.Abhay Ahuja i/by Mr.D.K. Kamwal for the appellant.Mr.Subhash S. Shetty 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 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 right in setting aside the disallowance of Rs.33,99,737/- made by the assessing officer under Section 14A read with Rule 8D and further directing the AO to work out the disallowance in light of the decision of the Hon'ble jurisdictional High Court in the case of M/s.Godrej & Boyce Mfg. Co. Limited reported in 328 ITR 81 (Bom) ?” 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.)