The Commissioner Of Income Tax, City 10 v. M/S.lawkim Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL NO. 1966 OF 2011 The Commissioner of Income Tax, City 10 Versus M/s.Lawkim Ltd. .. Appellant .. Respondent Mr.Suresh Kumar for the Appellant Mr.Atul K. Jasani for the Respondent. CORAM : J.P.DEVADHAR &M.S.SANKLECHA, J.J. DATE : 11[th] FEBRUARY, 2013. P.C. In this appeal by the Revenue, the following questions have been raised for our consideration. (A)Whether, on the facts and in the circumstance of the case and in law, the ITAT is right in directing the A.O. to compute the disallowance u/s.14A in accordance with the ratio laid down by the Hon'ble Bombay High Court in the case of Godrej and Boyce Ltd. Instead of computation of disallowance u/s.14A vide Rule 8 D of the Income Tax Rules, 1962”? (B)“Whether on the facts and in the circumstance of the case and in law, the Tribunal is right in holding that applicability of Rule 8D is prospective in nature following the decision in the case of Godrej & Boyce Ltd.328 ITR 81(Bom)”? 2.By the impugned order, the Tribunal has restored the matter in issue to the Assessing Officer for fresh decision, in light of the decision of this Court in the matter of Godrej and BoyceMfg.Ltd. Vs. DCIT reported in 328 ITR page 81. In these circumstances, we find no reason to entertain the proposed questions of law as formulated by the Revenue. 3.Accordingly, appeal is dismissed with wno order as to costs. (M.S.SANKLECHA,J.) (J.P.DEVADHAR, J.)