The Commissioner Of Income Tax (Ltu), Mumbai v. M/S.asian Paints Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.530 OF 2012 The Commissioner of Income Tax (LTU), Mumbai..Appellant. Versus M/s.Asian Paints Limited..Respondent. Mr.A.R. Malhotra 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 2005-2006, 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 holding that application of Rule 8D is only prospective and, therefore, cannot be applied to A.Y. 2005-06 to which this matter relates to and further in restoring the issue to the file of the AO to examine the disallowance under Rule 14A considering the submissions of the assessee, the facts of the case and law on the subject and decide the issue afresh ?” 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.)