The Commissioner Of Income Tax – Iii, Pune v. Serum Institute Of India Research Foundation, Pune

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.325 OF 2013 The Commissioner of Income Tax – III, Pune..Appellant. Versus Serum Institute of India Research Foundation, Pune..Respondent. Mr.Tejveer Singh for the appellant.Mr.Mihir Naniwadekar for the respondent. CORAM : J.P. Devadhar &M.S. Sanklecha, JJ. DATE : 13[th] March 2013 P.C. : Office objections waived. 2.In this appeal by the Revenue for assessment year 2005-06, 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 was right in setting aside the case to the file of assessing officer with a direction to examine that the amount received as corpus donation is in nature of gift when non-recognized assessee institution itself had treated it as corpus donation in its accounting treatment ?” Since the Tribunal by the impugned order has restored the issue to the file of the assessing officer for fresh consideration, we see no reason to entertain the proposed question of law. 4.Accordingly, the appeal is dismissed with no order as to costs. (M.S. Sanklecha, J.) (J.P. Devadhar, J.)